Immigration laws and regulations of July 1, 1907

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DEPARTMENT OF COMMERCE AND LABOR

BUREAU OF IMMIGRATION AND NATURALIZATION

Immigration Lazus

and

Regulations of July t, 1907

Eleventh Edition, December J2, t9t0

Embodying Amendments to Rates 5, 5 A, 5B, 6, tO, it, t2,
13, U, 16, 22, 24, 25, 26, 28 (a and g), 35, 37, and 48

Also White Slave Traffic Act
Approved Jane 25, 19 fO

WASHINGTON

GOVERNMENT PRINTING OFFICE

1910

IMMIGRATION LAWS AND REGULATIONS.

IMMIGEATION AOT 01 rEBEUAET 20, 1907.

Note.— The Immigration Act of February 20, 1907, ^^J'/'^p^^^i^^^t"
repeals the act of March 3, 1903, and all prior acts or herein,
parts of acts inconsistent with the new law. In the back
of this pamphlet are published such portions of the prior
acts as are not repealed by or reenacted in the act of Feb-
ruary 20, 1907 ; also the act of March 2, 1907, regarding-
expatriation. If necessary to refer to the old acts, they
may be found in the pamphlets " Immigration Laws and
Regulations" heretofore issued,. or in the United States
Statutes at Large, as follows :

Act approved March 3, 1875 : 18 Stat., part 3, page 477. M^\. °t im-

Act approved August 3, 1882 : 22 Stat., page 214. migration acts.

Act approved June 26, 1884 (sec. 22 only) : 23 Stat., page 58.

Act approved February 26, 1885 : 23 Stat., page 332.

Act approved February 23, 1887 : 24 Stat., page 414.

Act approved October 19, 1888 : 25 Stat., page 565.

Act approved March 3, 1891 : 26 Stat., page 1084.

Act approved February 15, 1893 (sec. 7) : 27 Stat., page 449.

Act approved March 3, 1893 : 27 Stat, page 569.

Act approved August 18, 1894 : 28 Stat., page 390.

Act approved March 2, 1895 : 28 Stat., page 780.

Act approved June 6, 1900 : 31 Stat., page 611.

Act approved April 29, 1902 : 32 Stat., part 1, page 176.

Act approved March 3, 1903 : 32 Stat., part 1, page 1213.

Act approved March 22, 1904 : 33 Stat., part 1, page 144.

Act approved April 28, 1904 : 33 Stat., part 1, page 591.

Act approved February 3, 1905 : 33 Stat., part 1, page 684.

ACT OP FEBRUARY 20, 1907.

AN ACT to regulate the immigration of aliens into the United

States.

Be it enacted iy the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, That there shall be levied, collected, and paid a tax Head tax:
of four dollars for every alien entering the United

3

4 IMMIGEATION ACT OP FEBRUARY 20, 1907.

Head tax: States." The said tax shall be paid to the collector of
To whom customs of the port or customs district to which said alien
'"'"*' shall come, or, if there be no collector at such port or

paid'' '^'•'""district, then to the collector nearest thereto, by the
master, agent, owner, or consignee of the vessel, trans-
portation line, or other conveyance or vehicle bringing
«n"''lnd*rcnt.'^"°'^ alien to the United States. The money thus col-
afir'to^consti-lected, together with all fines and rentals '' collected under
'"'"^ the laws regulating the immigration of aliens into the

United States, shall be paid into the Treasury of the
United States, and shall constitute a permanent appro-
^^'^"'."''srantpj.iation to be called the "immigrant fund," to be used
"fof whatunder the direction of the Secretary of Commerce and
"^^^^ Labor to defray the expense of regulating the immigra-

tion of aliens into the United States under said laws, in-
cluding the contract labor laws, the cost of reports of
decisions of the Federal courts, and digest thereof, for
the use of the Commissioner-General of Immigration,
and the salaries and expenses of all officers, clerks, and
Head tax: employees appointed to enforce said laws. The tax im-
upon ves^sei"™ posed by this section shall be a lien upon the vessel, or
other vehicle of carriage or transportation bringing such
aliens to the United States, and shall be a debt in favor
of the United States against the owner or owners of such
How ^ p a y - vessel, or other vehicle, and the payment of such tax may
Classes ex -be enforced by any legal or equitable remedy. That the
payme1it*of°™^^i'^ ^^^ shall not be levied upon aliens who shall enter
the United States after an uninterrupted residence of at
least one year, immediately preceding such entrance, in
the Dominion of Canada, Newfoundland, the Eepublic of
Cuba, or the Eepublic of Mexico, nor upon otherwise ad-
missible residents of any possession of the United States,
nor upon aliens in transit through the United States, nor
upon aliens who have been lawfully admitted to the
United States and who later shall go in transit from one
part of the United States to another through foreign
Payment on contiguous territory :" Pt'ovided, That the Commis-
from"° contilu- sioner-General of Immigration, under the direction or
ous territory ; ^jth the approval of the Secretary of Commerce and
Labor, by agreement with transportation lines, as pro-
vided in section thirty-two of this Act, may arrange in
some other manner for the payment of the tax imposed
by this section upon any or all aliens seeking admission
th^a^n ,$2,500,^ from foreign contiguous territory." Provided further,

imm*°i Trfnt'^'^^* '^^^ ^"^ ^^^^^ ^^^"^ t^® amouut of money collected

fund; under the provisions of this section shall exceed two

million five hundred thousand dollars, the excess above

" For specific exceptions, see Rule 2.

''For method of depositing fines and rentals, see Rule 3- for
procedure in collecting fines and reporting suits for collection see
Rules 28, 29, and 30.

"See paragrapti (g). Rule 2.

« See Rules 2, 25, and 2T,

IMMIGRATION ACT OF FEBEUARY 20, 1907. 5

that amount shall not be added to the " immigrant fund :" ^•"'* **" =
Provided further, That the provisions of this section shall Gi!im^''*'pora^
not apply to aliens arriving in Guam, Porto Eico, or Rico, 'and Ha-
Hawaii ; but if any such alien, not having become a citi- "'^"'
zen of the United States, shall later arrive at any port or
place of the United States on the North American Conti-
nent the provisions of this section shall apply : " Provided Passports;
further, That whenever the President shall be satisfied ^^^ ' ^^^^ * e^
that passports issued by any foreign government to its detriment la-
citizens to go to any country other than the United ^oiaera°''to'"be
States or to any insular possession of the United States rejected.
or to the Canal Zone are being used for the purpose of
enabling the holders to come to the continental territory
of the United States to the detriment of labor conditions
therein, the President may refuse to permit such citizens
of the country issuing such passports to enter the conti-
nental territory of the United States from such other
country or from such insular possessions or from the
Canal Zone."

Sec. 2. That the following classes of aliens shall be Excluded
excluded from admission into the United States : All " "**"* "
idiots, imbeciles, feeble-minded persons, epileptics, insane idiots, in-
persons, and persons who have been insane within five ^^°^' ^ '^' '
years previous; persons who have had two or more at-
tacks of insanity at any time previously ; paupers ; per- gQ^^"^'^''!)' p^'^
sons likely to become a public charge ; " professional become' a ^pub°
beggars; persons afflicted with tuberculosis or with a ''*^jjjg|afedS
loathsome or dangerous contagious disease ; ^ persons not
comprehended within any of the foregoing excluded p^^g^icany'' de-
classes who are found to be and are certified by the^ective;
examining surgeon as being mentally or physically de-
fective, such mental or physical defect being of a nature
which may affect the ability of such alien to earn a
living}" persons who have been convicted of or admit Criminals;
having committed a felony or other crime or misde-
meanor involving moral turpitude; polygamists, or per- Poiygamists;
sons who admit their belief in the practice of polygamy,
anarchists, or persons who believe in or advocate the Anarchists;
overthrow by force or violence of the Government of the
United States, or of all government, or of all forms of
law, or the assassination of public officials; prostitutes, ^^^fo^t '*"*«•■
or women or girls coming into the United States for the
purpose of prostitution or for any other immoral pur-
pose; persons who procure or attempt to bring in pros-

"See Rule 2.

* For President's proclamation and regulations drawn there-
under, see Rule 21.

" For provisions for landing under bond persons likely to be-
come public charges and persons certified for physical defects, see
Rule 20.

* For provision for placing in hospital, " with the express per-
mission of the Secretary," persons aflaicted with tuberculosis or
with a loathsome or dangerous contagious disease, see Rule 10.

6 IMMIGEATION ACT OF FEBEUAEY 20, 1907.

Excluded titutes or women or girls for the purpose of prostitution
""''*"' or for any other immoral purpose; persons hereinafter

Contract la- called Contract laborers, who have been induced or solic-
ited to migrate to this country by offers or promises of
employment or in consequence of agreements, oral, writ-
ten or printed, express or implied, to perform labor m
this country of any kind, skilled or unskilled ; those who
have been, within one year from the date of application
for admission to the United States, deported as having
been induced or solicited to migrate as above described;

Assisted.^ny person whose ticket or passage is paid for with the

^°^' money of another, or who is assisted by others to come,

unless it is affirmatively and satisfactorily shown that
such person does not belong to one of the foregoing ex-
cluded classes, and that said ticket or passage was not
paid for by any corporation, association, society, munici-
pality, or foreign government, either directly or indi-

chiidren un- rectly ; all children under sixteen years of age, unaccom-

'^^'' ^® ' panied by one or both of their parents, at the discretion

of the Secretary of Commerce and Labor or under such

regulations as he may from time to time prescribe : " Pro-

Exceptions— ^,^^g^^ That nothing in this Act shall exclude, if other-

ofEenses po- wise admissible, persons convicted of an offense purely
hticai; political, not involving moral turpitude: Provided fur-

Transits; ther, That the provisions of this section relating to the
payments for tickets or passage by any corporation, asso-
ciation, society, municipality, or foreign government shall
not apply to the tickets or passage of aliens in immediate
and continuous transit through the United States to for-

Skiiied la-eign Contiguous territory: And provided further, That
^°^'' skilled labor may be imported if labor of like kind un-

employed can not be found in this country : And provided
tists';*etc'. ^^' fii'^'ther. That the provisions of this law applicable to con-
tract labor shall not be held to exclude professional- actors,
artists, lecturers, singers, ministers of any religious de-
nomination, professors for colleges or seminaries, per-
sons belonging to any recognized learned profession, or
persons employed strictly as personal or domestic serv-
ants.

ProstitnteB: Sec. 3. That the importation into the United States of
or'ho?ding*pe°'^'^y ^^i®" woman or girl for the purpose of prostitution,
naiized; or for any other immoral purpose, is hereby forbidden;

and whoever shall, directly or indirectly, import, or at-
tempt to import, into the United States, any alien woman
or girl for the purpose of prostitution, or for any other
immoral purpose, or whoever shall hold or attempt to
hold any alien woman or girl for any such purpose in
pursuance of such illegal importation, or whoever shall
keep, maintain, control, support, or harbor in any house
or other place, for the purpose of prostitution, or for any
other immoral purpose, any alien woman or girl, within
three years after she shall have entered the United States,

" For regulations, see Rule 5.

IMMIGRATION ACT OF FEBEUAKY 20, 1907. 7

shall, in every such case, be deemed guilty of a felony, and Pmstitntei:
on conviction thereof be imprisoned not more than five
years and pay a fine of not more than five thousand dol-
lars; and any alien woman or girl who shall be found an^ ji»<'P»rtati«''
inmate of a house of prostitution or practicing prostitu- three years.
tion, at any time within three years after she shall have
entered the United States, shall be deemed to be unlaw-
fully within the United States and shall be deported as
provided by sections twenty and twenty-one of this Act."

Sec. 4. That it shall be a misdemeanor for any person, contract u-
company, partnership, or corporation, m any manner
whatsoever, to prepay the transportation or in any way importation
to assist or encourage the importation or migration of any "'' 'ofbidden ;
contract laborer or contract laborers into the United
States, unless such contract laborer or contract laborers
are exempted under the terms of the last two provisos con-
tained in section two of this Act.

Sec. 5. That for every violation of any of the provi- im^^^tY^^y. '°''
sions of section four of this Act the person, partnership,
company, or corporation violating the same, by know-
ingly assisting, encouraging, or soliciting the migration
or importation of any contract laborer into the United
States shall forfeit and pay for every such oflPense the
sum of one thousand dollars, which may be sued for and
recovered by the United States, or by any person who
shall first bring his action therefor in his own name and
for his own benefit, including any such alien thus prom-
ised labor or service of any kind as aforesaid, as debts of
like amount are now recovered in the courts of the United
States; and separate suits may be brought for each alien
thus promised labor or service of any kind as aforesaid.''
And it shall be the duty of the district attorney of the^^^^. s. attor-
proper district to prosecute every such suit when brought cute suits ;
by the United States.

Sec. 6. That it shall be unlawful and be deemed a vio- Advertising
lation of section four of this Act to assist or encourage '"^'
the importation or migration of any alien by promise of
employment through advertisements printed and pub-
lished in any foreign country; and any alien coming to
this country in consequence of such an advertisement shall
be treated as coming under promise or agreement as con-
templated in section two of this Act, and the penalties
imposed by section five of this Act shall be applicable to
such a case : Provided, That this section shall not apply to . Exception,
States or Territories, the District of Columbia, or places aVa^^TerHto'
subject to the jurisdiction of the United States advertis- "^i®^-
ing the inducements they offer for immigration thereto,
respectively.

Sec. 7. That no transportation company or owner or Soliciting:
owners of vessels, or others engaged in transporting aliens Forbidden on
into the United States, shall, directly or indirectly, either ffion*'' wmpa-
by writing, printing, or oral representation, solicit, invite, nies ;

" See paragraph (c), Rule 31, and Rules 34-38.
* For method of reporting, see Rule 30.

8 IMMIGRATION ACT OF FEBRTJAKY 20, 1907.

Soliciting! Qj. encourage the immigration of any aliens into the
United States, but this shall not be held to prevent trans-
portation companies from issuing letters, circulars, or
advertisements, stating the sailings of their vessels and
terms and facilities of transportation therein ; and tor a
violation of this provision, any such transportation com-
pany, and any such owner or owners of vessels, and all
others engaged in transporting aliens into the United

Penalty for. States, and the agents by them employed, shall be sever-
ally subjected to the penalties imposed by section five of
this Act.
laJding:*"'"^ Sec. 8. That any person, including the master, agent,
owner, or consignee of any vessel, who shall bring into

Penalty for. or land in the United States, by vessel or otherwise, or
who shall attempt, by himself or through another, to
bring into or land in the United States, by vessel or other-
wise, any alien not duly admitted by an immigrant in-
spector or not lawfully entitled to enter the United States
shall be deemed guilty of a misdemeanor, and shall, on
conviction, be punished by a fine not exceeding one thou-
sand dollars, or by imprisonment for a term not exceed-
ing two years, or by both such fine and imprisonment for
each and every alien so landed or brought in or attempted
to be landed or brought in."

Fine $100: Sec. 9. That it shall be unlawful for any person, in-

For bringing eluding any transportation company other than railway
aliens ; lines entering the United States from foreign contiguous

territory, or the owner, master, agent, or consignee of any
vessel to bring to the United States any alien subject to
any of the following disabilities: Idiots, imbeciles, epi-
leptics, or persons afflicted with tuberculosis or with a
loathsome or dangerous contagious disease, and if it shall
appear to the satisfaction of the Secretary of Commerce
and Labor that any alien so brought to the United States
was afflicted with any of the said diseases or disabilities
at the time of foreign embarkation and that the existence
of such disease or disability might have been detected by
means of a competent medical examination at such time,

liiicttae "'such person or transportation company, or the master,
agent, owner, or consignee of any such vessel shall pay
to the collector of customs of the customs district in which
the port of arrival is located the sum of one hundred dol-
lars for each and every violation of the provisions of this
section ; and no vessel shall be granted clearance papers
pending the determination of the c(uestion of the liability
to the payment of such fine, and in the event such fine is
imposed, while it remains unpaid, nor shall such fine be
remitted or refunded : Provided, That clearance may be
granted prior to the determination of such questions upon
the deposit of a sum sufficient to cover such fine and costs,
such sum to be named by the Secretary of Commerce and
Labor.*

collecting.

" For method of reporting, see Rule 30.
*Por method of Impcsing, see Rule 28.

IMMIGRATION ACT OF PEBRUAKY 20, IQOt. 9

Sec. 10. That the decision of the board of special in- Appeals:
quiry, hereinafter provided for, based upon the certificate Not auowed
of the examining medicaL officer, shall be final as to the with tubercu-
rejection of aliens affected with tuberculosis or with ao^us^TOntagums
loathsome or dangerous contagious disease, or with any^'^eases.
mental or physical disability which would bring such
aliens within any of the classes excluded from admission
to the United States under section two of this Act."

Sec. 11. That upon the certificate of a medical officer Onardian en
of the United States Public Health and Marine Hos- ^
pital Service to the effect that a rejected alien is helpless tion companies
from sickness, mental or physical disability, or infancy, pgnse'^of'' '^^'
if such alien is accompanied by another alien whose pro-
tection or guardianship is required by such rejected alien,
such accompanying alien may also be excluded, and the
master, agent, owner, or consignee of the vessel in which
such alien and accompanying alien are brought shall be
required to return said alien and accompanying alien in
the same manner as vessels are required to return other
rejected aliens.*

Sec. 12. That upon the arrival of any alien by water at Manifests:
any port within the United States," it shall be the duty i n c o mjji g
of the master or commanding officer of the steamer, sail-
ing or other vessel having said alien on board to deliver
to the immigration officers at the port of arrival lists
or manifests made at the time and place of embarkation
of such alien on board such steamer or vessel, which shall,
in answer to questions at the top of said list, state as to
each alien the full name, age, and sex ; whether married jai^'i"** *" '^°°'
or single ; the calling or occupation ; whether able to read
or write; the nationality; the race; the last residence;
the name and address of the nearest relative in the coun-
try from which the alien came; the seaport for landing
in the United States ; the final destination, if any, beyond
the port of landing; whether having a ticket through
to such final destination; whether the alien has paid his
own passage or whether it has been paid by any other per-
son or by any corporation, society, municipality, or gov-
ernment, and if so, by whom; whether in possession of
fifty dollars, and if less, how much; whether going to
join a relative or friend, and if so, what relative or
friend, and his or her name and complete address;
whether ever before in the United States, and if so,
when and where; whether ever in prison or almshouse
or an institution or hospital for the care and treatment
of the insane or supported by charity ; whether a polyg-
amist; whether an anarchist; whether coming by reason
of any offer, solicitation, promise, or agreement, express
or implied, to perform labor in the United States,

" See Rules 6 and 20 ; also latter part of section 25.
» See Rule 12.

" For the procurement of manifests from Canadian transporta-
tion companies, see paragraph (e), Rule 25.

10 IMMIGEATION ACT OF FEBKUAEY 20, 1901.

Manifests: ^nd what is the alien's condition of health, mental and

physical, and whether deformed or crippled, and it so,

Outgoing for how long and from what cause; that it shall lur-

passengers- ^^^^ ^^ ^j^^ ^^^^ ^^ ^j^^ master or commandmg officer of

every vessel taking alien passengers out of the United
States, from any port thereof, to file before departure
therefrom with the collector of customs of such port a
complete list of all such alien passengers taken on boa,rd.
What to con- Such list shall contain the name, age, sex, nationality,
' residence in the United States, occupation, and the time

of last arrival of every such alien in the United States,
and no master of any such vessel shall be granted clear-
ance papers for his vessel until he has deposited such list
or lists with the collector of customs at the port of depar-
ture and made oath that they are full and complete as to
the name and other information herein required concern-
Penauy; ing each alien taken on board his vessel;" and any neg-
lect or omission to comply with the requirements of this
section shall be punishable as provided in section fifteen
de^s'ited"'""" °^ *'^^^ Act." That the collector of customs with whom any
eposi e , ^^^^ j.^^ -^^^ heen deposited in accordance with the pro-
visions of this section, shall promptly notify the Com-
missioner-General of Immigration that such list has been
deposited with him as provided, and shall make such
further disposition thereof as may be required by regu-
lations to be issued by the Commissioner-General of
Immigration with the approval of the Secretary of Com-
merce and Labor: " Provided, That in the case of vessels
making regular trips to ports of the United States the
Commissioner-General of Immigration, with the approval
of the Secretary of Commerce and Labor, may, when ex-
pedient, arrange for the delivery of such lists of outgoing
fro^^ the 'phV ^^^^"^ ^* ^ later date:" Provided further, That it shall
ippines, Guam, be the duty of the master or commanding officer of any
and'^[iawaiir"*'6ssel Sailing from ports in the Philippine Islands, Guam,
Porto Eico, or Hawaii to any port of the United States
on the North American Continent to deliver to the immi-
gration officers at the port of arrival lists or manifests
made at the time and place of embarkation, giving the
names of all aliens on board said vessel.*
^^H o w made Sec. 13. That all aliens arriving by water at the ports
of the United States shall be listed in convenient groups,
and no one list or manifest shall contain more than thirty
names. To each alien or head of a family shall be given
a ticket on which shall be written his name, a number or
letter designating the list in which his name, and so forth,
is contained, and his number o n said list, for convenience

<• For the procurement of manifests from Canadian transporta-
tion companies, see paragraph (e), Rule 25.
'' For method of imposing fine, see Rule 20.
" See Rule XXIX, statistical regulations.
<*See paragraphs (6) and (o). Rule I, statistical regulaticms

IMMIGRATION ACT OP PEBEXJAEY 20, 1907. 11

of identification on arrival. Each list or manifest shall Manifests:
be verified by the signature and the oath of alRrmation oi ^^J" ^^^f^^\^^
the master or commanding officer, or the first or second i^y master, as
below him in command, taken before an immigration o? contentlT^^
officer at the port of arrival, to the eifect that he has
caused the surgeon of said vessel sailing therewith to make
a physical and oral examination of each of said aliens,
and that from the report of said surgeon and from his
own investigation he believes that no one of said aliens is
an idiot, or imbecile, or a feeble-minded person, or insane
person, or a pauper, or is likely to become a public charge,
or is afflicted with tuberculosis or with a loathsome or
dangerous contagious disease, or is a person who has been
convicted of, or who admits having committed a felony
or other crime or misdemeanor involving moral turpitude,
or is a polygamist or one admitting belief in the practice
of polygamy, or an anarchist, or under promise or agree-
ment, express or implied, to perform labor in the United
States, or a prostitute, or a woman or girl coming to the
United States for the purpose of prostitution, or for any
other immoral purpose, and that also, according to the
best of his knowledge and belief, the information in said
lists or manifests concerning each of said aliens named
therein is correct and true in every respect.

Sec. 14. That the surgeon of said vessel sailing there- ^^to be^signed
with shall also sign each of said lists or manifests and ty surgeon ;
make oath or affirmation in like manner before an immi-
gration officer at the port of arrival, stating his profes-
sional experience and qualifications as a physician and
surgeon, and that he has made a personal examination of
each of the said aliens named therein, and that the said
list or manifest, according to the best of his knowledge
and belief, is full, correct, and true in all particulars rela-
tive to the mental and physical condition of said aliens.
If no surgeon sails with any vessel bringing aliens the
mental and physical examinations and the verifications
of the lists or manifests shall be made by some competent
surgeon employed by the owners of the said vessel."

Sec. 15. That in the case of the failure of the master or ^^^^^ %^—^
commanding officer of any vessel to deliver to the said
immigration officers lists or manifests of all aliens on
board thereof, as required in sections twelve, thirteen, and
fourteen of this Act, he shall pay to the collector of cus-
toms at the port of arrival the sum of ten dollars for each $10^°""^ " *
alien concerning whom the above information is not con-
tained in any list as aforesaid : Provided, That in the case
of failure without good cause to deliver the list of passen- pa^sengfrs— ''^
gers required by section twelve of this Act from the mas-
ter or commanding officer of every vessel taking alien
passengers out of the United States, the penalty shall be 51^!°^"^ ° *
paid to the collector of customs at the port of departure

''See paragraph (g). Rule 29.

12 IMMIGEATION ACT OF FEBKUAKY 20, 1907.

Manifests: and shall be a fine of ten dollars for each alien not in-
flnts^loTfo'e/- eluded in Said list; but in no case shall the aggregate
ceed .fioo. fljjg exceed one hundred dollars." .

inspccHon: §^0. 16. That upon the receipt by the immigration ott-
cers at any port of arrival of the lists or manifests of
incoming aliens provided for in sections twelve, thirteCTt,
On board and fourteen of this Act, it shall be the duty of said offi-
^^'' ' cers to go or to send competent assistants to the vessel to

which said lists or manifests refer, and there inspect all
Landing for, such aliens, or said immigration oiRcers may order a tem-
fand'inl- '"'' porary removal of such aliens for examination at a desig-
nated time and place, but such temporary removal shall
not be considered a landing, nor shall it relieve the trans-
portation lines, masters, agents, owners, or consignees of
the vessel upon which said aliens are brought to any port
of the United States from any of the obligations which,
in case such aliens remain on board, would, under the
provisions of this Act, bind the said transportation lines.
If placed in masters, agents, owners, or consignees: Provided, That
gration officers where a Suitable building is used for the detention and
responsible. examination of aliens the immigration officials shall there
take charge of such aliens, and the transportation com-
panies, masters, agents, owners, and consignees of the
vessels bringing such aliens shall be relieved of the re-
sponsibility for their detention thereafter until the return
of such aliens to their care.
Medical ex- Sec. 17. That the physical and mental examination of
all arriving aliens shall be made by medical officers of
To be made the United States Public Health and Marine- Hospital
iZh. surgeons; Service, who shall have had at least two years' experience
in the practice of their profession since receiving the
degree of doctor of medicine and who shall certify for
the information of the immigration officers and the boards
of special inquiry hereinafter provided for, any and all
physical and mental defects or diseases observed by said
medical officers in any such alien,* or, should medical offi-
cers of the United States Public Health and Marine-
Hospital Service be not available, civil surgeons of not
less than four years' professional experience may be em-
ployed in such emergency for such service, upon such
terms as may be prescribed by the Commissioner-General
of Immigration under the direction or with the approval
H ^sfrv^^e^ to °* *^^ Secretary of Commerce and Labor. The United
be reimbursed States Public Health and Marine-Hospital Service shall
sa'iarie™''^*'"'^' be reimbursed by the immigration service for all expendi-
tures incurred in carrying out the medical inspection of
aliens under regulations of the Secretary of Commerce
and Labor.
UD^iSg:" "' " ' Sec. 18. That it shall be the duty of the owners officers
or agents of any vessel or transportation line, other than

" For procedure, see Rule 29
* See Rule 9.

IMMIGRATION ACT OF FEBEUAEY 20, 1901. 13

those railway lines which may enter into a contract as ^,^^^^« lawful
provided in section thirty-two of this Act, bringing an ■"" "^'
alien to the United States to prevent the landing of suchunde1^"e'J"32°
alien in the United States at any time or place other than
as designated by the immigration officers, and the negli- Penalty for ;
gent failure of any such owner, officer, or agent to comply
with the foregoing requirements shall be deemed a mis-
demeanor and be punished by a fine in each case of not
less than one hundred nor more than one thousand dollars
or by imprisonment for a term not exceeding one year, or
by both such fine and imprisonment ; « and every such Deportation
alien so landed shall be deemed to be unlawfully in the "inded!^"^ ^°
United States and shall be deported as provided in sec-
tions twenty and twenty-one of this Act.''

Sec. 19. That all aliens brought to this country in vio- DeportaUon:
lation of law shall, if practicable, be immediately sent By vessel
back to the country whence they respectively came on the ""^'^^'
vessels bringing them. The cost of their maintenance cost of and
while on land, as well as the expense of the return of such to be borne °by
alien's, shall be borne by the owner or owners of the vessels pa'^n"!^''' '^°""
.on which they respectively came; and if any master,
person in charge, agent, owner, or consignee of any such f^j^u^g '^'^ ^ °/
vessel shall refuse to receive back on board thereof, or on d e p o r t , or
board of any other vessel OAvned or operated by the same "^i°''"'° '<
interests, such aliens, or shall fail to detain them thereon,
or shall refuse or fail to return them to the foreign port
from which they came, or to pay the cost of their main-
tenance while on land, or shall make any charge for the
return of any such alien, or shall take any security from takin°''"^secur'-
him for the payment of such charge, such master, person ity. °
in charge, agent, owner, or consignee shall be deemed
guilty of a misdemeanor and shall, on conviction, be pun-
ished by a fine of not less than three hundred dollars for
each and every such offense; and no vessel shall have
clearance from any port of the United States while any
such fine is unpaid : " Provided, That the Commissioner- witnesses :
General of Immigration, with the approval of the Secre- Authority to
tary of Commerce and Labor, may suspend, upon condi- ^°^^ '•
tions to be prescribed by the Commissioner-General of
Immigration, the deportation of any alien found to have
come in violation of any provision of this Act, if, in his
judgment, the testimony of such alien is necessary on
behalf of the United States Government in the prosecu-
tion of offenders against any provision of this Act : Pro- (j.^^^* , ^ ^'i'^.
vided, That the cost of maintenance of any person so grant fund.
detained resulting from such suspension of deportation
shall be paid from the " immigrant fund "" but no alien „H»/E!!''{,^"et
certified, as provided in section seventeen of this Act, to p«^s ^^ "se^rl-
be suffering from tuberculosis or from a loathsome or tary :
dangerous contagious disease other than one of quaran- fedng'"' w u h

tuberculosis or

a For method of reporting, see Rule 30. dan'genJus i\s-

* See paragraph (il), Rule 31, and Rules 34-38. ease.

« See Rule 14.

14 IMMIGRATION ACT OF FEBKUAKY 20, 1907.

tinable nature shall be permitted to land for medical

treatment thereof in any hospital in the United States,

unless with the express permission of the Secretary

Insane aliens i^f Commerce and Labor:" Provided, That upon the cer-

ivllfilll S'tificate of a medical officer of the United States Public

E?ant fiSd" ' 'Health and Marine-Hospital Service to the eltect that the
health or safety of an insane alien would be unduly
imperiled by immediate deportation, such alien may, at
the expense of the " immigrant fund," be held for treat-
ment until such time as such alien may, in the opinion
of such medical officer, be safely deported."
Deportation: Sec. 20. That any alien who shall enter the United

rpJi'rt^nV". "^ ^ni States iu violation of law, and such as become public

public charges ; charges irom causes existing prior to landing, snail, upon
the warrant of the Secretary of Commerce and Labor, be
taken into custody and deported to the country whence
he came at any time within three years after the date of

of.^trtl borne! his entry into the United States. Such deportation,
including one-half of the entire cost of removal to the
port of deportation, shall be at the expense of the con-
tractor, procurer, or other person by whom the alien was
unlawfully induced to enter- the United States, or, if that
can not be done, then the cost of removal to the port of
deportation shall be at the expense of the " immigrant
fund " provided for in section one of this Act, and the
deportation from such port shall be at the expense of the
owner or owners of such vessel or transportation line by
Bond: which sucli aliens respectively came:* Provided, That

Releasing ar- pending the final disposal of the case of any alien so taken

rested aliens -j^j-q custody he may be released under a bond in the
penalty of not less than five hundred dollars with secur-
ity approved by the Secretary of Commerce and Labor,
conditioned that such alien shall be produced when re-
quired for a hearing or hearings in regard to the charge
upon which he has been taken into custody, and for depor-
tation if he shall be found to be unlawfully within the
United States."
Deportation: Sec. 21. That in case the Secretary of Commerce and
Of aliens Labor shall be satisfied that an alien has been found in

subject there- ^j^^ United States in violation of this Act, or that an alien
is subject to deportation under the provisions of this Kci
or of any law of the United States, he shall cause such
alien within the period of three years after landing or
entry therein to be taken into custody and returned to the
country whence he came, as provided by section twenty

against" vesslil"* ^^'^ ^'^^'^ ^^^ ^ ^^^^"^^ °r refusal on the part of the

for refusal to masters, agents, owners, or consignees of vessels to com-

deport on war- ply ^jth the Order of the Secretary of Commerce and

Labor to take on board, guard safely, and return to the

country whence he came any alien ordered to be deported

" See Rule 10.

* See Rules 31-37.

"See paragraph ((/), Rule 35.

IMMIGRATION ACT OF FEBEUABY 20, 1901. 15

under the provisions of this Act shall be punished by the Deportation:

imposition of the penalties prescribed in section nineteen

of this Act:" Provided, That when in the opinion of thej^^"|°'J^^°t^

Secretary of Commerce and Labor the mental or physical persons.

condition of such alien is such as to require personal care

and attendance, he may employ a suitable person for that

purpose, who shall accompany such alien to his or her

final destination, and the expense incident to such service

shall be defrayed in like manner.'

Sec. 22. That the Commissioner-General of Immigra- Commissioner-
tion, in addition to such other duties as may by law be as-
signed to him, shall, under the direction of the Secretary Duties of ;
of Commerce and Labor, have charge of the administra-
tion of all laws relating to the immigration of aliens into
the United States, and shall- have the control, direction,
and supervision of all officers, clerks, and employees ap-
pointed thereunder. He shall establish such rules and
regulations, prescribe such forms of bond, reports, entries,
and other papers, and shall issue from time to time such
instructions, not inconsistent with law, as he shall deem
best calculated for carrying out the provisions of this
Act and for protecting the United States and aliens
migrating thereto from fraud and loss, and shall have ^ To ^ake '^°^-
authority to enter into contract for the support and relief iief of aliens ;
of such aliens as may fall into distress or need public aid ;
all under the direction or with the approval of the Secre-
tary of Commerce and Labor. And it shall be the duty g^^o detau^of-
of the Commissioner-General of Immigration to detail tigate pubuc
officers of the immigration service from time to time as "^^^''^^^ ■
may be necessary, in his judgment, to secure information
as to the number of aliens detained in the penal, reforma-
tory, and charitable institutions (public and private) of
the several States and Territories, the District of Colum-
bia, and other territory of the United States and to in-
form the officers of such institutions of the provisions of
law in relation to the deportation of aliens who have be-
come public charges: Provided, That the. Commissioner- g^J^.'^'^^'ifoaa"''
General of Immigration may, with the approval of the
Secretary of Commerce and Labor, whenever in his judg-
ment such action may be necessary to accomplish the pur-
poses of this Act, detail immigration officers, and also
surgeons, in accordance with the provisions of section
seventeen, for service in foreign countries.

Sec. 23. That the duties of the commissioners of immi- ^^commission-
gration shall be of an administrative character, to be pre-
scribed in detail by regulations prepared, under the direc- '^"'■^^ °*-
tion or with the approval of the Secretary of Commerce
and Labor.

Sec. 24. That immigrant inspectors and other immi- Employees :
gration officers, clerks, and employees shall hereafter begjj^PP"^!,"^^"!
appointed and their compensation fixed and raised or de-

« For method of reporting, see Rule 30.

* For procedure for providing attendant, see Rule 37.

16 IMMIGRATION ACT OP FEBBUAEY 20, 1907.

creased from time fo time by the Secretary of Commerce
and Labor, upon the recommendation of the Commis-
sioner-General of Immigration and in accordance with
the provisions of the civil-service Act of January six-
teenth, eighteen hundred and eighty- three : Provided,
Contract la-That Said Secretary, in the enforcement of that portion
bor laTvs : ^^ ^j^j^ ^^^ ^j^j^j^ excludcs contract laborers, may employ,

V Jon'^'fir "enl without reference to the provisions of the said civil service
forcement of. Act, or to the various Acts relative to the compilation of
the official register, such persons as he may deem advisa-
ble and from time to time fix, raise, or decrease their com-
pensation. He may draw from the " immigrant fund "
annually fifty thousand dollars or as much thereof as
may be necessary, to be expended for the salaries and
expenses of persons so employed and for expenses inci-
dent to such employment ; and the accounting officers of
the Treasury shall pass to the credit of the proper dis-
bursing officer expenditures from said sum without item-
ized account whenever the Secretary of Commerce and
Labor certifies that an itemized account would not be for
the best interests of the Government: Provided further,
ers*:""""'*^""" That nothing herein contained shall be construed to
Appointing, alter the mode of appointing commissioners of immigra-
tion at the several ports of the United States as provided
by the sundry civil appropriation Act approved August
eighteenth, eighteen hundred and ninety- four, or the offi-
cial status of such commissioners heretofore appointed,
offlcrr"'^'^'*''"' Immigration officers shall have power to administer oaths
Power and and to take and consider evidence touching the right of
authority of; ^^y alien to enter the United States, and, where such
action may be necessary, to make a written record of
ingbeforirper-such evidence; and any person to whom such an oath
j"''^' has been administered under the provisions of this Act

who shall knowingly or wilfully give false evidence or
swear to any false statement in any way affecting or in
relation to the right of any alien to admission to the
United States shall be deemed guilty of perjury and be
punished as provided by section fifty-three hundred and
dec^sion'Sf^'"^ ninety-two. United States Revised Statutes. The deci-
sion of any such officer, if favorable to the admission of
any alien, shall be subject to challenge by any other immi-
ciar/Ci?I:'""gi'ation officer, and such challenge shall operate to take
aii?nl*tor-'°^*^® ^^^^" '^^^^ "ght to land is so challenged before a
board of special inquiry for its investigation. Every
alien who may not appear to the examining immigrant
inspector at the port of arrival to be clearly and beyond
a doubt entitled to land shall be detained for examina-
tion in relation thereto by a board of special inquiry.
Appointing; Sec. 25. That such boards of special inquiry shall be
appointed by the commissioner of immigration at the
various ports of arrival as may be necessary for the
prompt determination of all cases of immigrants de-
tained at such ports under the provisions of law." Each

° See Rule 17 for form of oath of board member.

IMMIGRATION ACT OF PEBEUAEY 20, 1907. 17

board shall consist of three members, who shall be se- ciafZ'^ul"'-*'""
lected from such of the immigrant officials in the service"" '"'"""
as the Commissioner-General of Immigration, with the
approval of the Secretary of Commerce and Labor, shall
from time to time designate as qualified to serve on such
boards: Provided, That at ports where there are fewer pi^'^^t^'j,^.'' °^-
than three immigrant inspectors, the Secretary of Com-
merce and Labor, upon the recommendation of the Com-
missioner-General of Immigration, may designate other
United States officials for service on such boards of spe-
cial inquiry. Such boards shall have authority to deter- Authority
mine whether an alien who has been duly held shall be" '
allowed to land or shall be deported. All hearings be- x^Pf'^''.'^°.f^
fore boards shall be separate and apart from the public, '^ °'^' ^'"^ ^'
but the said boards shall keep a complete permanent
record of their proceedings and of all such testimony as
may be produced before them; and the decision of any
two members of a board shall prevail, but either the alien Appeals:
or any dissenting member of the said board may appeal Manner of
through the commissioner of immigration at the port of '^'"''°'
arrival and the Commissioner-General of Immigration
to the Secretary of Commerce and Labor, and the taking ^j^°^^'|'°°(,i°fj;
of such appeal shall operate to stay any action in regard upon original
to the final disposal of any alien whose case is so appealed ^^' ^°*^^ '
until the receipt by the commissioner of immigration at
the port of arrival of such decision which shall be ren-
dered solely upon the evidence adduced before the board
of special inquiry : Provided, That in every case where an decision^ otom-
alien is excluded from admission into the United States, cers final ;
under any law or treaty now existing or hereafter made,
the decision of the appropriate immigration officers, if
adverse to the admission of such alien, shall be final,
unless reversed on appeal to the Secretary of Commerce
and Labor: but nothing in this section shall be construed j^'^"' ,^1'"^,^^
to admit of any appeal in the case ot an alien rejected as jected under
provided for in section ten of this Act." ''''*'°° ^°-

Sec. 26. That any alien liable to be excluded because B»n<is:
hkely to become a public charge or because of physical ^^ Landing un-
disability other than tuberculosis or a loathsome or dan- in what
geroiis contagious disease may, if otherwise admissible, ^?|f p^""""'^^'-
nevertheless be admitted in the discretion of the Secre-
tary of Commerce and Labor upon the giving of a suit-
able and proper bond or undertaking^ approved by said
Secretary in such amount and containing such conditions
as he may prescribe, to the people of the United States,
holding the United States or any State, Territory, county,
municipality, or district thereof harmless against such
alien becoming a public charge. The admission of such
alien shall be a consideration for the giving of such bond
or undertaking. Suit may be brought thereon in the^^B/^p'j^g'ng
name and by the proper law officers either of the United
States Government or of any State, Territory, district,

" See Rules 5-8.
67616°— 10- — 2

18 IMMIGEATION ACT OF FEBKUAEY 20, 1907.

county, or municipality in which such alien becomes a
public charffe.*^ • • n

smtB: Sec. 27. That no suit or proceeding for a violation of

compromis-the provisions of this Act shall be settled, compromised,
'°*'' "'"• '• or discontinued without the consent of the court in which
it is pending, entered of record, with the reasons theretor.
Under for- Sec. 28. That nothing contained in this Act shall be
Effected *\e°re- construed to affect any prosecution, suit, action, or pro-
"y- ceedings brought, or any act, thing, or matter, civil or

criminal, done or existing at the time of the taking eliect
of this Act ; but as to all such prosecutions, suits, actions,
proceedings, acts, things, or matters the laws or parts
of laws repealed or amended by this Act are hereby con-
tinued in force and effect.
Courts, cir- Sec. 29. That the circuit and district courts of the
trio't • ""'' ""'" United States are hereby invested with full and concur-
jurisdiction. rent jurisdiction of all causes, civil and criminal, arising

under any of the provisions of this Act.
Exclusive Sec. 30. That all exclusive privileges of exchanging
privileges: money, transporting passengers or baggage, or keeping
^^How grant- mating houses, and all other like privileges in connection
with any United States immigrant station, shall be dis-
posed of after public competition, subject to such condi-
tions and limitations as the Commissioner-General of
Immigration, under the direction or with the approval
of the Secretary of Commerce and Labor, may prescribe:
Provided, That no intoxicating liquors shall be sold in
Proceeds any such immigrant station; that all receipts accruing
pald^'intolmmufrom the disposal of such exclusive privileges as herein
grant fund. provided shall be paid into the Treasury of the United
States to the credit of the " immigrant fund " provided
for in section one of this Act.
ccr^*'"" """ ^^^' ^^" That for the preservation of the peace and in
Admission to °'''^^'' *^^^*- ^^rcsts may be made for crimes under the laws
.•stations. of the States and Territories of the United States where

the various immigrant stations are located, the officers in
charge of such stations, as occasion may require, shall
admit therein the proper State and municipal officers
charged with the enforcement of such laws, and for the
purpose of this section the jurisdiction of such officers
and of the local courts shall extend over such stations.
GcSe""''''""'''' ^^^' ^^' '^^^*' ^^^ Commissioner-General of Immigra-
't7 ma k e*^°"' ""^^^ *^® direction or with the approval of the Sec-
rnies and con-retary of Commcrce and Labor, shall prescribe rules for
I'pelnon o°nthe entry and inspection of aliens along the borders of
■and bounda- Canada and Mexico, so as not to unnecessarily delay,
impede, or annoy passengers in ordinary travel between
the United States and said countries, and shall have
power to enter into contracts with transportation lines
for the said purpose.*

I

ries.

« See Rule 20 as to circumstances under which accented
''For arrangement on Canadian border, see Rule 2.5; onMexipan
border, Rule 27. '■^T=.^i'-au

To be to
ransoceanic

IMMIGRATION ACT OF FEBHUAEY 20, 1907. 19

Sec. 33. That for the purpose of this Act the term ^J^^^.";,' t " <"
" United States " as used in the title as well as in the va-
rious sections of this Act shall be construed to mean the term*:''°'°^ °^
United States and any waters, territory, or other place
subject to the jurisdiction thereof, except the Isthmian
Canal Zone: Provided, That if any alien shall leave the C""*! Z""""
canal zone and attempt to enter any other place under inspection ot
the jurisdiction of the United States, nothing contained '"^"^
in this Act shall be construed as permitting him to enter
under any other conditions than those applicable to all
aliens.

Sec. 34. That the Commissioner-General of Immigra- Commissioner:
tion, with the approval of the Secretary of Commerce and Appointment

T u -J. ■ ■ J! • • i- , of, at New Or-

JLabor, may appoint a commissioner ot immigration to leans.
discharge at New Orleans, Louisiana, the duties now re-
quired of other commissioners of immigration at their
respective posts.

Sec. 35. That the deportation of aliens arrested within Deportation:
the United States after entry and found to be illegally ^^ ^^
therein, provided for in this Act, shall be to the trans- ports
Atlantic or trans-Pacific ports from which said aliens
embarked for the United States ; or, if such embarkation
was for foreign contiguous territory, to the foreign port
at which said aliens embarked for such territory.

Sec. 36. That all aliens who shall enter the United ^^^of a''™^s^e°-
States except at the seaports thereof, or at such place or fuYiyf
places as the Secretary of Commerce and Labor may
from time to time designate, shall be adjudged to have
entered the country unlawfully and shall be deported as
provided by sections twenty and twenty-one of this Act:
Provided, That nothing contained in this section shall ^^ p*''* <•' "»■
affect the power conferred by section thirty-two of this ^^ ^^ aesi'-
Act upon the Commissioner-General of Immigration tonated on land
prescribe rules for the entry and inspection of aliens '^°''''^''^'
along the borders of Canada and Mexico.*'

Sec. 37. That whenever an alien shall have taken up Admission:
his permanent residence in this country, and shall have ,of diseased
filed his declaration of intention to become a citizen, and J'i'fid',™i°of
thereafter shall send for his wife, or minor children to ^J,'^*^,° ^.J^'^o^jj'^^^
join him, if said wife or any of said children shall be tion to become
found to be affected with any contagious disorder, such '^'"^®°-
wife or children shall be held, under such regulations as
the Secretary of Commerce and Labor shall prescribe,
until it shall be determined whether the disorder will be
easily curable, or whether they can be permitted to land
without danger to other persons; and they shall not be
either admitted or deported until such facts have been
ascertained; and if it shall be determined that the dis-
order is easily curable or that they can be permitted to
land without danger to other persons, they shall, itother-
wise admissible, thereupon be admitted.*

" See Rule 38; also paragraph (jr), Rule 21.
6 See Rule 11.

20 IMMIGRATION ACT OF FEBRUARY 20, 1907.

Anarchists: Sec. 38. That no person who disbelieves in or who is

muted •" ^^ "^^ opposed to all organized government, or who is a member
of or affiliated with any organization entertaining and
teaching such disbelief in or opposition to all organized
government, or who advocates or teaches the duty, neces-
sity, or propriety of the unlawful assaulting or killing of
any officer or officers, either of specific individuals or of
officers generally, of the Government of the United States
or of any other organized government, because of his or
their official character, shall be permitted to enter the
United States or any territory or place subject to the
jurisdiction thereof. This section shall be enforced by
the Secretary of Commerce and Labor under such rules
Penalty for and regulations as he shall prescribe. That any person

assis ng o en- ^j^^ knowingly aids or assists any such person to enter
the United States or any territory or place subject to the
jurisdiction thereof, or who connives or conspires with any
person or persons to allow, procure, or permit any such
person to enter therein, except pursuant to such rules and
regulations made by the Secretary of Commerce and La-
bor shall be fined not more than five thousand dollars, or
imprisoned for not more than five years, or both."

r™™?lfj».*'*" Sec. 39. That a commission is hereby created, consist-
ing or three Senators, to be appointed by the President

pointed; " ^ " of the Senate, and three members of the House of Repre-
sentatives, to be appointed by the Speaker of the House of
Eepresentatives, and three persons, to be appointed by
the President of the United ' States. Said commission
shall make full inquiry, examination, and investigation
by sub-committee or otherwise into the subject of immi-

and dut?e"'*''S'^'^tion. For the purpose of said inquiry, examination,
and investigation, said commission is authorized to send
for persons and papers, make all necessary travel, either
in the United States or any foreign country, and, through
the chairman of the commission or any member thereof to
administer oaths and to examine witnesses and papers re-
specting all matters pertaining to the subject, and to
employ necessary clerical and other assistance. Said
commission shall report to the Congress the conclusions
reached by it and make such recommendations as in its

how^plm*^ 0'' judgment may seem proper. Such sums of money as may
be necessary for the said inquiry, examination, and in-
vestigation are hereby appropriated and authorized to be
paid out of the "immigrant fund" on the certificate of
the chairman of said commission, including all expenses
of the commissioners and a reasonable compensation, to
be fixed by the President of the United States, for those
members of the commission who are not members of Con-

coirerfncf' gress; and the President of the United States is also

President an- a"*'^°''^^^*^' "^ *^® name of the Government of the United
thorized to ar- States, to Call, m his discretion, an international confer-
range for ; qj^^q^ ^q assemble at such point as may be agreed upon or

"For method of reporting, see Rule 30.

IMMIGRATIOISr ACT OF FEBKXJAEY 20, 1907. 21

to send special commissioners to any foreign country, for„ international

,, ^ « ... , . ^•' j.o, ■'', Conference :

the purpose or regulatmg by mternational agreement, purp^gg q,
subject to the advice and consent of the Senate of ti\e
United States, the immigration of aliens to the United
States ; of providing for the mental, moral, and physical
examination of such aliens by American consuls or other
officers of the United States Government at the ports of
embarkation, or elsewhere; of securing the assistance of
foreign governments in their own territories to prevent
the evasion of the laws of the United States governing
immigration to the United States; of entering into such
international agreements as may be proper to prevent the
immigration of aliens who, under the laws of the United
States, are or may be excluded from entering the United
States, and of regulating any matters pertaining to such
immigration.

Sec. 40. Authority is hereby given the Commissioner- information
General of Immigration to establish, under the direction
and control of the Secretary of Commerce and Labor, a me^^o? ■'"^''
division of information in the Bureau of Immigration
and Naturalization ; and the Secretary of Commerce and
Labor shall provide such clerical assistance as may be
necessary. It shall be the duty of said division to pro- author/ty^ o?."''
mote a beneficial distribution of aliens admitted into the
United States among the several States and Territories
desiring immigration. Correspondence shall he had with
the proper officials of the States and Territories, and said
division shall gather from all available sources useful
information regarding the resources, products, and phys-
ical characteristics of each State and Territory, and shall
publish such information in different languages and dis-
tribute the publications among all admitted aliens who
may ask for such information at the immigrant stations
of the United States and to such other persons as may
desire the same. When any State or Territory appoints ^*''*'' "Rents:
and maintains an agent or agents to represent it at any Appointment
of the immigrant stations of the United States, such lt*por'ts""°'°®
agents shall, under regulations prescribed by the Com- ^^^9""''*^^''^®
missioner-General of Immigration, subject to the approval
of the Secretary of Commerce and Labor, have access to
aliens who have been admitted to the United States for
the purpose of presenting, either orally or in writing, the
special inducements offered by such State or Territory to
aliens to settle therein. While on duty at any immigrant control of.
station such agents shall be subject to all the regulations
prescribed by the Commissioner-General of Immigration,
who, with the approval of the Secretary of Commerce
and Labor, may, for violation of any such regulations,
deny to the agent guilty of such violation any of the
privileges herein granted.

Sec. 41. That nothing in this Act shall be construed to „, J*,"'«" »"•
apply to accredited officials of foreign governments noi"f^„^^*™Pj^.^f
to their suites, families, or guests." sions hereof.

" See paragraph (6), Rule 2.

22 IMMIGEATION ACT OF PBBKtTAEY 20, 1907.

natig«tion"a7t*" ^^^- ^^- ^* ^^^^^ "^^ ^^ lawful f or the master of a steam^
ship or other vessel whereon immigrant passengers, or
passengers other than cabin passengers, have been taken
at any port or place in a foreign country or dominion
(ports and places in foreign territory contiguous to the
United States excepted) to bring such vessel and pas-
sengers to any port or place in the United States unless
the compartments, spaces, and accommodations herein-
after mentioned have been provided, allotted, maintained,
and used for and by such passengers during the entire
voyage; that is to say, in a steamship, the compartments
or spaces, unobstructed' by cargo, stores, or goods, shall
be of sufficient dimensions to allow for each and every
passenger carried or brought therein eighteen clear super-
ficial feet of deck allotted to his or her use, if the com-
partment or space is located on the main deck or on the
first deck next below the main deck of the vessel, and
twenty clear superficial feet of deck allotted to his or
her use for each passenger carried or brought therein if
the compartment or space is located on the second deck
below the main deck of the vessel : Provided, That if the
height between the lower passenger deck and the deck
immediately above it is less than seven feet, or if the ap-
ertures (exclusive of the side scuttles) through which
light and air are admitted together to the lower passen-
ger deck are less in size than in the proportion of three
square feet to every one hundred superficial feet of that
deck, the ship shall not carry a greater number of passen-
gers on that deck than in the proportion of one passen-
ger to every thirty clear superficial feet thereof. It shall
not be lawful to carry or bring passengers on any deck
other than the decks above mentioned. And in sailing
vessels such passengers shall be carried or brought only
on the deck (not being an orlop deck) that is next below
the main deck of the vessel, or in a poop or deck house
constructed on the main deck; and the compartment or
space, unobstructed by cargo, stores, or goods, shall be of
sufficient dimensions to allow one hundred and ten cubic
feet for each and every passenger brought therein. And
such passenger shall not be carried or brought in any be-
tween decks, nor in any compartment, space, poop, or
deck house, the height of which from deck to deck is less
than six feet. In computing the number of such pas-
sengers carried or brought in any vessel, children under
one year of age shall not be included, and two children
between one and eight years of age shall be counted as one
passenger; and any person brought in any such vessel
who shall have been, during the voyage, taken from any
other vessel wrecked or in distress on the high seas, or
have been picked up at sea from any boat, raft, or other-
wise, shall not be included in such computation. The
master of a vessel coming to a port or place in the United
States in violation of either of the provisions of this sec-
tion shall be deemed guilty of a misdemeanor ; and if the

IMMIGRATION ACT OF FEBRUARY 20, 1907. 23

number of passengers other than cabin passengers carried navigatiouaVt"'
or brought in the vessel, or in any compartment, space,
poop, or deck house thereof, is greater than the number
allowed to be carried or brought therein, respectively, as
hereinbefore prescribed, the said master shall be fined
fifty dollars for each and every passenger in excess of the
proper number, and may also be imprisoned not exceed-
ing six months.

This section shall take effect on January first, nineteen
hundred and nine.

Sec. 43. That the Act of March third, nineteen hun- Bepeaiing
dred and three, being an Act to regulate the immigration"'*"'*'
of aliens into the United States, except section thirty-
four thereof, and the Act of March twenty-second, nine-
teen hundred and four, being an Act to extend the exemp-
tion from head taji to .citizens of Newfoundland enter-
ing the United States, and all Acts and parts of Acts
inconsistent with this Act are hereby repealed : Provided, Exceptions.
That this Act shall not be construed to repeal, alter, or
amend .existing laws relating to the immigration or ex-
clusion of Chinese persons or persons of Chinese descent,
nor to repeal, alter, or amend section six, chapter four
hundred and fifty-three, third session Fifty-eighth Con-
gress, approved February sixth, nineteen himdred and
five, or, prior to January first, nineteen hundred and nine,
section one of the Act approved August second, eighteen
hundred and eighty-two, entitled "An Act to regulate
the carriage of passengers by sea."

Sec. 44. That this Act shall take effect and be enforced ^^J^ hen eirect-
from and after July first, nineteen hundred and seven :
Provided, however, That section thirty-nine of this Act
and the last proviso of section one shall take effect upon
the passage of this Act and section forty-two on January
first, nineteen hundred and nine.

Approved February 20, 1907. (34 Stat., pt. 1, p. 898.)

EXTRACT FROM THE SUNDRY CIVIL APPROPRIATIOIT
ACT APPROVED MARCH 4, 1909."

" In all, one million two hundred and sixty-six thou-
sand seven hundred and fifty dollars, which shall include
the amount necessary for the medical inspection of aliens,
as required hy section seventeen of the Act of Congress
approved February twentieth, nineteen hundred and
seven, and the provision of said section of said Act re-
quiring the reimbursement hy the immigration fund for
said expenses is hereby repealed.''''

"Under caption "Public Health and Marine Hospital Service"
(35 Stat, 969).

24 ACT OF MARCH 4, 1909.

ACT APPROVED MARCH 4, 1909.

AN ACT relative to outward alien manifests on certain vessels."

Be it enacted hy the Senate and House of Representa-
tives of the United States of America hi Congress assem-
Ued, That until the provisions of section twelve of the
immigration Act of February twentieth, nineteen hun-
dred and seven, relating to outward alien manifests, shall
be made applicable to passengers going out of the United
States to Canada by land carriage, said provisions shall
not apply to passengers going by vessels employed exclu-
sively in the trade between the ports of the United States
and the Dominion of Canada and the Republic of Mexico.

Approved, March 4, 1909.

"35 Stat, 1060.

IMMIGRATION REGULATIONS.

CONTENTS.

Rules relating to head tax: Page.

1. Collection of head tax 26

2. Exemptions from head tax 27

3. Accounting for head tax and other receipts 28

Rules relating to admission or exclusion:

4. Application of Immigration Act 28

5. Examination of aliens 29

6. Appeals 31

7. Appeals, procedure 33

8. Appeals, procedure 33

9. Medical examination 33

10. Landing for hospital treatment 35

11. Detention of sick lyives or children 36

12. Detention of attendants for helpless aliens 37

13. Detention and treatment of aliens, procedure and expense of 37

14. Holding of aliens as witnesses 38

15. Assistance to admitted aliens 39

16. Charges for care and maintenance 39

17. Oath of board of special inquiry 39

18. Appearance of attorneys 39

19. Notice of sailings 40

20. Admissions under bond 40

21. Japanese and Korean laborers 41

22. Seamen 43

23. Stowaways 47

24. Ports of entry, Canada 47

25. Admission and exclusion, Canadian ports 48

26. Ports of entry, Mexico 52

27. Admission and exclusion, Mexico 52

28. Fine, bringing of diseased aliens 54

29. Fine, failure to deliver manifests 56

30. Fines, reporting of 57

Rules relating to deportation:

31. Deportation, aliens subject to 58

32. Public charges from prior causes. 58

33. Public charges, medical certificate 59

34. Deportation, application for warrant 59

35. Deportation, procedure 59

36. Deportation, cost of maintenance - - - • 63

37. Deportation, procedure in cases of insane or diseased aliens requiring

special care and attention 63

38. Deportation, where to 65

39. Deportation by consent 65

Rules relating to transit:

40. Aliens in transit 65

41. Aliens in transit, head tax for 65

Miscellaneous rules:

42. Cattlemen 67

43. Administration of oaths 68

44. Posting of immigration acts 68

45. Official communications 68

46. Telegraphing 68

47. Uniforms 68

48. Districts 70

49. Manifest grouping - - 71

50. Immigration via Porto Rico and Hawaii 71

25

Department of Commerce and Labor,
Bureau of Immigration and Naturalization.
Note: Meaning NoTE. — Wherever, in the followmg rules, the expres-
pioye"""' •"""sion "Immigration Act" is used, it shall be understood
to refer to the act entitled "An act to regulate the immi-
gration of aliens into the United States," approved Feb-
ruary 20, 1907; and wherever a numbered section is men-
tioned it shall be understood to refer to the section of
that number in said act, unless explicitly stated to the
contrary.
Philippine Is. The following rules do not apply to aliens seeking ad-
lands: mission to the Philippine Islands, the administration of

no?l|piirabie S>^ the inunigration laws and the collection of head tax
therein having been vested in the officers of the gen-
eral government of those islands by section 6 of the act
approved February 6, 1905.

BTTLES RELATING TO HEAD TAX.

Head tax: RuIb 1. Collection of Jiead tax. — The head tax imposed

Collection of; by section 1 of the Immigration Act is to be levied and
collected in respect of all aliens entering the United
States, except such as are described in Rule 2 hereof.
certifleationof, Upon the arrival of any aliens at any seaport of the
to collector; United States, the immigration officer in charge shall
certify to the collector of customs the number of aliens
on account of whom the tax is payable and the name of
the person required to pay the same. Upon receipt of
such certificate, the collector of customs shall forthwith
collect a tax of four dollars for each alien so certified.
Deposit oi; The tax collected on account of aliens, who are not per-
mitted to land, but are held for examination by a board
Refundment of special inquiry, and the tax collected on account of
"'■ aliens permitted to enter for the purpose of passing in

transit through the United States, shall be held as a spe-
cial deposit, to be refunded, in the one case, when an alien
detained for examination has been excluded, and in the
other, when an alien proceeding in transit through the
United States has left the country. The collections so
made shall no longer be held on special deposit, but shall
be accounted for in the regular manner, in the case of
aliens detained for examination, so soon as it shall appear
that they are admitted, and, in the case of aliens entering
for the purpose of transit, if, at the expiration of sixty
days from time of entry, it is not shown that they have
passed out of the country.
26

EULES RELATING TO HEAD TAX. 27

The head tax payable on account of ahens entering the Head tax:
United States from foreign contiguous territory shall be collection of, on
levied and collected, at Mexican border ports, according Jf^dY'^n t. ''d'^ '^^
to the provisions of Rule 27 hereof, and at Canadian bor- °^ '^° °^ '^'^''
der ports according to the terms of an agreement between
the Commissioner-General of Immigration and certain
transportation companies, embodied in Rules 24 and 25
hereof.

Rule 2. Exemptions from head tax. — The head tax Ex^m-ptiona
shall not be levied in respect of the following aliens :

(a) Aliens who do not enter the United States because Excluded
excluded from admission thereto by the Immigration Act. ^"''°^'
(Sees. 1 and 2.)

(b) Diplomatic and consular officers and other accred-^j^^^^P'"™**'"
ited officials of foreign governments, their suites, families,

and guests coming to the United States to reside or to
pass through in transit. (Sec. 41.)

(c) Head tax shall not be collected on account of aliens Residents
entering the United States from Canada, Newfoundland, fo'un^d land
Cuba, or Mexico whose legal domicile or bona fide resi- ^"xico*- ' ^ °
dence was in one of the countries specified for at least one

year immediately preceding such entrance if it merely
appears that the continuity of their physical presence at
tneir place of residence or domicile was broken by one or
more transient and temporary departures therefrom; nor
shall head tax be collected on account of such aliens if _
it merely appears that, instead of entering the United
States from Canada, Newfoundland, Cuba, or Mexico
directly, they come by way of some other foreign country
in which they had made a merely temporary or transient
sojourn.

{d) Head tax shall not be collected on account of aliens Eeaidents or
reentering the United States from Canada, Newfound- ^ijfting™g°n^J'"a^
land, Cuba, or Mexico who are citizens thereof but who Newfoundland,'

, ' • 1 1 1 1 • •! 1 n ^ -1 * Cuba, or Mexico;

have acquired a legal domicile or bona tide residence m
the United States, and who are returning from a visit
to one of the said countries, notwithstanding that the
period of a full year has not intervened between the date
of their departure from and the date of their return to
the United States.

(e) Aliens, otherwise admissible, who are residents of Residents insu-
any possession of the United States, provided at the time'^'P''''''^"'™"'
of admission to such possession head tax was paid on
their account. (Sec. 1.)

(/) Aliens who enter the United States only for the Transits;
purpose of transit to foreign destinations. Collections
made in respect of such aliens will be held on special de-
posit and will be refunded pursuant to Rules 1 and 41.
(Sec. 1.)

ig) Aliens who have been lawfully admitted to the Aliens in con-
United States and who later shall go in transit from one'°™"'^°"™^^'
part of the United States to another through foreign con-
tiguous territory. Satisfactory evidence of such previous
lawful admission and of previous payment of head tax

28 RULES RELATING TO ADMISSION OR EXCLUSION.

Head tax: shall be required in the case of aliens on whose behalf
Exempt'ionathis exemption is claimed, as in paragraphs (c) and (d)

from- ^f ^j^jg j.^g Personal knowledge on the part of an immi-

gration officer, or a written statement from such an officer
based on an examination of official records certifying to
the fact of previous entry and payment of tax, will be
sufficient. As evidence of the continuity of the transit,
production of a dated passenger ticket, where such exists,
may be required. (Sec. 1.)

Gmim^p'ort°o' ^^"^ Aliens arriving in Guam, Porto Rico, or Hawaii;

Rto)?' and" H^ but if any such alien, not having become a citizen of the

™"- United States, shall later arrive at any port or place of

the United States on the North American Continent the
provisions for the levy and collection of head tax shall
apply. (Sec. 1.)
Immigrant Rule 3. Accountiug foT head tax and other receipts. —
All moneys collected on account of head tax, as well as
Accounting lor all moucys coUectcd for rentals of exclusive privileges

receipts lor. ^^ United States immigrant stations and all moneys col-
lected as fines for violations of the immigration laws
(whether imposed by the Department or the courts), shall
be deposited to the credit of the Treasurer of the United
States on account of miscellaneous receipts, with an
assistant treasurer of the United States, or national-bank
depositary, in the same manner as other miscellaneous col-
lections are deposited. Separate accounts of the receipts
and expenditures of money under the act shall be ren-
dered monthly to the Secretary of the Treasury through
the Department of Commerce and Labor on forms to be
furnished by the Government for the purpose.

RULES BELATING TO ADMISSION OB EXCLUSION.

Immigration Rule 4. Af'^litation of Immigration Act. — The pro-
visions of the Immigration Act apply to all aliens seek-
• To whom ap- ^^S to enter the United States, except accredited officials
piicabie. of foreign governments, their suites, families, and guests.

The act also prescribes the conditions of their admission
to or exclusion from the United States, or any waters,
territory, or other place subject to the jurisdiction thereof,
except the Isthmian Canal Zone. The act becomes effect-
ive when such aliens arrive from any foreign country, or
other place without the jurisdiction of the United States,
or from the Canal Zone. The provisions of the Immi-
gration Act do not apply to aliens who have once been
duly admitted to the United States or any waters, terri-
tory, or other place subject to the jurisdiction thereof,
passing back and forth between the insular possessions
and the continental territories of the United States, ex-
cept aliens coming from the Canal Zone, and except
Japanese or Korean laborers coming from Hawaii, with
passports limited to Hawaii, Mexico, or Canada. The
admission of aliens coming from the Canal Zone is gov-
erned by the regulations appUcable to aliens generally;

RULES RELATING TO ADMISSION OR EXCLUSION. 29

the admission of Japanese or Korean laborers to the con-
tinental territory of the United States is governed by the
provisions of the Executive order of the President em-
bodied in Rule 21 hereof.

Rule 5. Examination of aliens. — {a) The appropriate Examination:
immigration officers shall as to each alien applying to
enter the United States determine as promptly as in their
estimation the circumstances permit whether or not he is
clearly and beyond a doubt entitled to land. If such Voiding for, by
ofhcers are of the opinion that he is not clearly and beyond °^^'^'
a doubt entitled to land, he shall be held for a board of
special inquiry, which shall determine his case as promptly
as the circumstances permit.

(6) \yhere upon arrival or pending determination as Postponing-
to his right to land an ahen is placed in hospital suffering when necessary
from a disability which in the opinion of such officers '" p'.^™. "Uen in
renders it impracticable correctly to apply the immigra- °^''"*''
tion law to his case, inspection may be postponed during
the pendency of such disability.

(c) Where in the estimation of the appropriate immi- when necessary
gration officers the cases of members of a family are ber^ofaVm^yTn
mterdependent, and a member is detained in hospital '"'^p"^''
from a disability of the character described in paragraph
(6) of this rule, the determination of such cases may be
postponed until the member detained in hospital has been
discharged therefrom."

{d) In cases arising under paragraph (c) of this rule circumstances
where the member in hospital is in no manner necessary Snder ^^wW^h
to the support of the remaining members of the family, famljy^ may°'b9
and he is presumably eligible to land provided he recover, avoided;
such remaining members may be forthwith inspected
and, if found eligible, landed upon the deposit (1) of a
sum of money (or- ticket covering transportation and
money) sufficient to defray the expenses of conveying
the detained member to final destination, and (2) if for
infancy or any other cause he may require an attendant
when traveling or in process of deportation, of a further
sum sufficient to cover the cost of the services and trans-
portation to and fro of such an attendant, unless satisfac-
tory assurances are given that a proper attendant will
be furnished without charge to the Government.

"Typical instances hereof are (a) where the afflicted member is a
minor or one otherwise dependent, requiring an accompanying alien
in the event of deportation, one or the other parent being the proper
person to select for such purpose, and the effect of depriving the
remaining members of the family of the care of such parent would be
to render some or all of them persons likely to become public charges;
(5) where the afflicted member is the head of the family and its only
bread-winner and his physical condition, due presumably to tempo-
rary causes, is such that he could not travel if either admitted or
ordered deported and the cases of the remaining members of the family
depend upon the disposition made of his case.

30 BULES RELATING TO ADMISSION OE EXCLUSION.

Hoidingaccom- (g) "Where, in the estimation of the appropriate immi-
§e?JecLTnr"gration officials, an ahen Hkely to be rejected as helpless
under section 11 arrives accompanied by one or more
aliens whose protection or guardianship he will, if rejected,
require one of such accompanying ahens (preferably a
relative or natural guardian) shall be detained and the
determination of his case may be postponed until after
that of the alien whom he accompanies.
^ Children under RujeSA. Children Under 16 unaccompanied. — ^AU chil-
spcciai method dren under 16 unaccompanied by either parent, neither
of examination; parent being in the United States, shall be held for
special inquiry. The board shall exclude them as a
matter of course unless it finds (1) that they are strong
and healthy, (2) that while abroad they have not been
the objects of public charity, (3) that they are -going to
close relatives who are able and wilhng to support and
properly care for them, (4) that it is the intention of
such relatives to send them to school until they are 16,
and (5) that they will not be put at work unsuited to
their years. Where the board finds these facts to exist
it will so report orally or in writing to the officer in charge
and defer final action until such officer has personally
inspected the child. If, in his judgment, the child should
be admitted, he shall so state to the board (this fact being
entered of record) , which may thereupon admit. Where,
in the opinion of such officer, the child is not clearly ad-
missible, the board shall exclude and give the usual notice
of the right of appeal. If thereafter an appeal be filed,
the case shall be forwarded with the recormnendation
either for (a) admission outright, (6) admission on bond,
or (c) exclusion."
Appeals: Rule 5B. Appeals. — (a) An excluded alien shall be in-

ci^r'™advisedVfformed that the return voyage is at the expense of the
right to; stcamsMp Company which brought him. Where an ap-

peal lies, he shall be clearly informed of his right thereto
and the fact that he has been so informed shall be entered
m^be°re^ected.'''of rccord in the minutcs. In the discretion of the officer
in charge, notice of appeal may be rejected unless given
within forty-eight hours after exclusion, or if given
within forty-eight hours prior to the sailing of the first
vessel by which deportation may be effected where such
sailing occurs less than forty-eight hours after exclusion.
The officer in charge may reject any appeal filed after an
alien excluded by a board has been placed on the vessel
for deportation, unless he was so placed to prevent con-
gestion or danger of contagion under Rule 8.

"■ One o£ the purposes of this rule is to insure that the case of each
child under 16, unaccompanied, shall receive the attention of the
officer in charge and thus bring about the application of substantially
uniform standards as to the admission of those cases which do not reach
the Department, as well as prompt admission where admission ought ob-
viously to occur.

RULES RELATING TO ADMISSION OR EXCLUSION. 31

(6) The officer in charge shall as promptly as circum- Rejections:
stances permit notify the agents of. a vessel by which an ^^ ^^f^e a m^^h i^
alien is to be deported of this fact, giving also the cause vfsedot;"
of rejection, and, if the alien is diseased, disabled, or
insane, a statement of his condition.

(c) If an alien rejected as mentally or physically de- ^?™ ^s? to be

«,■•• 1 ''i',- , •'• ^-1 ■' 1 used if alien re-

rective is in such condition as to reqmre special care and quires special
attention while being deported, the officer in charge shall, °^'^*'
when dehvering such alien to the transportation company
concerned, dehver also Form 597, properly filled out in
accordance with Rule 37 hereof, all requirements of
which rule will be observed by the company in so far as
applicable here.

Rule 6. Appeals. — Except as specified in this rule, an Appeals:
appeal may be taken by the alien himself or by a dissent- . when permis-
ing member of the board from any decision of a board of ^''''^'
special inquiry which determines whether an ahen shall
be admitted or excluded. No appeal is permissible whenjjj,^^Jy°.°^°g'i,P„g'''
the decision of the board rejecting an alien is hosed upon decision 'is based

j.'j2 J. i! J.1 'I . ^ T 1 ja^ 1 • 1 on medical cer-

a certihcate or the examining medical omcer which tmcate;
shows —

(a) That the alien is afflicted with tuberculosis or
with a loathsome or dangerous contagious disease;

(6) That the alien is an idiot, an imbecile, an epileptic,
or is insane or feeble-minded ;

(c) That the alien has been insane within five years
previously, or has had two or more attacks of insanity at
any time previously;

(d) That the alien has any mental defect which in the
board's opinion may afl^ect his ability to earn a Hving or
render him hkely to become a pubhc charge ;

(e) That the alien has any physical defect which in the
board's opinion may affect his ability to earn a hving or
render him hkely to become a pubhc charge; but aliens
coming within this class may nevertheless be admitted,
in the discretion of the Secretary, as provided in Rule 20
hereof.

Boards of special' inquiry in reaching decisions " based j,g^^|'"g^f"^qy,°y'
upon the certificate of the examining medical officer "are under section lo;
to be governed by the following considerations: It is
"the decision of the board of special inquiry" which is
made unappealable in certain cases by section 10, and not
"the certificate of the examining medical officer." In
arriving at a decision, therefore, the board is required to
exercise its own discretion in determining whether or not
it will "base" the same upon the certificate of the exam-
ining medical officer. Where the decision of the board is
expressly "based" upon medical certificates of the char-
acter specified by section 10, no appeal is allowed by the
act. But whether the board will so "base" its decision

32 EULES RELATING TO ADMISSION OE EXCLUSION.

. will naturally depend upon the circumstances of the

C&SG ^ ■

f«^ FaSdiig^'in". If the defect for which certified is physical, not mental,
derbond and, on Consideration of the whole case, the board's de-

Appeals: cision is that such physical defect is one which may affect
his abihty to earn a living or render him likely to become
a public charge, and the alien is otherwise adniissible, he
should be given an opportunity to make application for
landing under bond in accordance with Rule 20.

If, on the other hand, the board's conclusion is that the
defect is not of such a nature as to affect the ability of the
alien to earn a living or render him likely to become a
pubUc charge, considering all the facts surrounding his
case, and that the alien is otherwise admissible, the board
should land the alien unconditionally; or, if the board's
conclusion is that the alien should be rejected, not solely
because of the certificate but on the basis of all the facts
and circumstances, the alien should be rejected and ad-
vised of his right to appeal in the usual manner.
drawn 'between" ^''^ summarize SO much of the foregoing as relates to
rawn e ween, ^j^^ distinction between appeals and applications for ad-
mission under iond:

When a board conclvdes that an alien is "liable to be
excluded because likely to become a public charge or be-
cause of physical disability other than tuberculosis or a
loathsome or dangerous contagious disease," and such con-
clusion is not based solely upon the medical certificate,
the board should render a decision, from which decision
the alien has the right of appeal.

But when the board reaches such conclusion upon the
basis solely of the medical certificate, no decision should
he rendered, but the alien should be given an opportunity
to apply for admission under bond in accordance vjith
Rule 20.

" For example, when the medical certificate shows that an alien is
affected with tuberculosis or with a loathsome or dangerous contagious
disease, or when it shows that an alien is an idiot, an imbecile, or an
epileptic, or is insane or feeble-minded, the board of special inquiry
is virtually forced to "base" its decision upon that certificate, the
reason being that whether or not an alien is so affected is purely a
matter of medical science and not such a matter as to which a board of
laymen can be expected to reach an intelligent conclusion.

Where the medical certificate states that an alien ia affected with
any mental defect or physical defect (other than those above named),
either of which defects is of a nature that might affect the ability of
the alien to earn a living or make him likely to become a public charge,
or when the medical certificate states that the alien has been insane
within five years previously, or has had two or more attacks of insanity
at any time previously, the question to be determined is a practical
one quite as much as a medical one, and boards of special inquiry
should not only receive and carefully consider the certificate of the
medical officer, but should likewise consider all the facts and surround-
ing circumstances of the case, and from the case as a whole reach their
own conclusion as to whether the defect is of a nature which may,
considering all the circumstances of the case, affect his ability to earn
a living or render him likely to become a public chaise, or whether
the alien has actually been afflicted in the past.

RULES RELATING TO ADMISSION OR EXCLUSION. 33

Rule 7. Appeals, procedure. — Notice of appeal shall Appeals:
act as a stay of all proceedings untU a final decision is ag'^stay^/demr-
rendered by the Secretary; and, within forty-eight hours tation;
after the filing of such notice, the complete record of the
case shall be forwarded to the Commissioner-General of
Immigration by the immigration officer in charge at the
port of arrival, accompanied by liis views thereon in
writing; but on such appeal of any case to the Secretary ^j^J^^^j^?' '=™-
no evidence will be considered which has not already been
passed upon in said case by a board of special inquiry at
the original hearing, or upon a rehearing if so ordered.
(See sec. 25.) If, to prevent a miscarriage of justice, ^.^«rantingaddi-
additional time is granted to the friends or counsel of an '°°'* '""^ °'^'
appealing aUen, the said immigration officer may require
the deposit of a sum of money sufficient to defray the
cost of maintaining appellant during the additional time
thus allowed.

Rule 8. Appeals, procedure. — The commissioner of im- ^^Making record
migration or the immigration officer in charge at the
port of application shall enter of record the name of every
alien found upon examination to be within any of the
prohibited classes, with a statement of the decision in
each case; and if such decision be appealed from immedi-
ately upon the receipt from the Department of its con-
clusions thereupon the alien shall be landed or deported
in accordance with such conclusion. If a landing is re-.ti!°ii'y?,s

1,1 , , . ^ p sieamsnip oi uis-

tused on appeal, the master, agent, consignee, or owner ofmissaiof.
the vessel by which the said ahen arrived shall be notified
by the commissioner or officer in charge, and advised that
the alien wUl be placed aboard the vessel of the line in-
volved next sailing, for deportation. The commissioner
or ofl&cer in charge at a port of entry where a detention
station is located may, immediately upon exclusion, place
debarred aliens on board the vessel by which they are to
be deported, if in his judgment such action is necessary
to prevent congestion or danger of contagion in such sta-
tion. (See Rule 5. )

Rule 9. Medical examination. — Officers of the United ^^Medkai exam-
States Public Health and Marine-Hospital Service (or, if ,„. /

T rr. i •! i_i •■ -1 c \ 1 What surgeons

such offacers are not available, civil surgeons oi not less to conduct;
than four years' professional experience) are required by
section 17 of the Immigration Act to make a physical and
mental examination or all arriving aliens, and to certify
for the information of immigration officers any and all
physical and mental defects or diseases observed by them.
Every officer of such Service detailed for this duty shall,
subject to the instructions of the Surgeon-General of the
Public Health and Marine-Hospital Service, be under the
direction of the immigration officer in charge of the port
to which he may be detailed.
67616°— 10 3

34 RULES RELATING TO ADMISSION OR EXCLUSION.

Medical exam- f]^Q certificate of the medical officer shall state the phys-
"'cerHlates cov ^^^^ ^^ mental defect or disease observed, specifying the
cri4!cSen(so/- name by which it is known in common speech as well as
the name by which it is known in medicine; and the
certificate shall also state:
Insane within 5 (a) Where an alien is certified as having been insane
years; within five years previous, or as having had two or more

attacks of insanity at any time previously, how the pre-
vious existence of the malady has been ascertamed
(sec. 2);
Contagious (lis- (&) Where an alien is certified as being afflicted with a
'^'^''^' loathsome or dangerous contagious disease, that the dis-

ease named is in fact a loathsome or dangerous contagious
disease, and is or is not of a quarantinable nature (sees.

2,19);

Mental and (c) Where an alien is certified as having a mental or

physical delects; pi^ygical defect ,of a nature which may affect his ability
to earn a living, or as being likely to become a public
charge by reason of any mental or physical disability, the
bearing of such mental or physical shortcoming upon the
customary occupation of the alien and upon his general
capacity for useful employment, whether such defect is of
a temporary or permanent nature, and whether the defi-
ciency of the alien has been corrected by artificial or edu-
cational means (sees. 2, 10, 26);
When hospital (d) Where an alien is certiiied for permission to land

qufred™^'" ''^'for mcdical treatment in any hospital of the United
States, or where it is certified that the health or safety of
an insane alien would be unduly imperiled by immediate
deportation, that the alien is not suffering from tubercu-
losis or from a loathsome or dangerous contagious disease
of a nonquarantinable nature, and the probable duration
of the alien's detention in hospital, asylum, or elsewhere
(sec. 19);
For helpless- {&) Where an alien is certified as being helpless from
sickness, mental or physical disabihty, or infancy, whether
such alien requires the protection or guardianship of an
attendant (sees. 11, 21);
Wives and (f) Where the wife or minor cliildren of an alien who

minor children; ^^^^ declared his intention to become a citizen are certified
as being affected with any contagious disorder, whether
such disorder is a loathsome or a dangerous one, the prob-
able length of time needed to determine whether the dis-
order will be easily curable, and whether they can be
permitted to land without danger to other persons (sec.
37); and
Persons amict- (g) Where an alien is certified as being an idiot, imbe-

embartotta'!^'^°cile, epileptic, or aflaicted with tuberculosis or with a
loathsome or dangerous contagious, disease, whether the
alien was so afflicted at the time of foreign embarkation,
whether the existence of the disease or disability might
have been detected by means of a competent medical ex-
amination at such time, how the previous condition of the
alien has been ascertained, and the ground for believing

ness

RULES RELATING TO ADMISSION OR EXCLUSION. 35

that it might have been detected by a competent exam-
ination.

Rule 10. Hospital treatment under section 19. — (a) Where . Landtas f o /
an alien has been excluded by decision of a board of 3=
special mquiry and the order for the return of the alien conditiona un-
has been suspended, or where an alien is held, pending the der which per-
determinatipn of his case, by order of court, to await™
transportation, on account of his health, because his testi-
mony is required in the prosecution of offenders against
the act, or for some other cause, an apphcation may be
made, accompanied by the certificate of the medical ex-
aminer, to the Secretary of Commerce and Labor for per-
mission to allow the landing of the alien for hospital
treatment or other appropriate care or attention.

(&) Such an application will be granted as of course Evidence re-
where it is certified by the medical examiner that the ?^es- '° '"^'^™*
health or safety of an insane alien would be unduly imper-
iled by immediate deportation, or where it is manifest
to the commissioner of immigration, or the immigration
officer in charge, that the condition of the alien requires
immediate hospital treatment. In such cases, pending
the decision of the Secretary, hospital treatment or other
appropriate care or attention shall be immediately
afforded.

(c) In all other cases the application will not be granted -in other cases;
unless it clearly appears from the report of the commis-
sioner of immigration, or the immigration officer in
charge, or from other evidence accompanying the appli-
cation, that such a course is necessary to meet the ends of
justice and humanity.

id) Applications to land for medical treatment in a By "express
hospital of the United States by the "express permis- lecretaryf
sion" of the Secretary, made by or on behalf of aliens
certified to be suffering from tuberculosis or from a loath-
some or dangerous contagious disease (sec. 19), must be
accompanied by a certificate of a Public Health and ^^^^^?<'°<=« ■'^
Marine-Hospital surgeon showing the exact character
and extent of the malady with which the alien is suffering
and estimating the duration of the treatment that will
be required to effect a cure. The alien making the appli-
cation, or the person making it in his behalf, shall deposit
with the commissioner of immigration, or inspector in
charge, a sum of money sufficient to cover the cost of
affording the alien treatment for the period of time esti-
mated in the above-mentioned certificate (and give satis-
factory assurances that further deposit will be remitted
if needed), if such estimated period does not exceed sixty j,„^Jft'*^'°s J^o^r
days; and, in the event the estimate is for more than said ment:
time, a deposit shall be made sufficient to cover treatment pe?mission"^'Tf
for sixty days, and satisfactory assurances given that at secretary;
least fifteen days prior to the expiration of said period aquired-moVey
further deposit wifi be made sufficient to cover cost oil^^. fansporta-
treatment for thirty days additional and a remittance of
a similar amount fifteen days prior to the expiration of

36 RULES RELATING TO ADMISSION OB EXCLUSION.

the period covered by this deposit, and so on until the
aUen is cured and allowed to proceed, or the case other-
wise disposed of. The said alien, or person interested in
his behalf, shall also be advised that failure in any in-
stance to comply with this requirement will result in
deportation by the next sailing of the line involved.
There shall also be deposited by the alien, or by the per-
son making the apphcation in his behalf, a sum of money
(or transportation ticket and money) sufficient to defray
the expense of forwarding the ahen, if and when event-
ually cured, to his destination within the United States;
and, in the event that such alien is a person who, by rea-
son of infancy or other cause, will require the care of an
attendant while traveling, such deposit shall be sufficient
to also cover the expense of detailing an employee of the
Immigration Service to accompany the alien to his desti-
nation, and the cost of the return of such employee to his
or her station, or satisfactory assurances must be given
that such an attendant will be furnished by the person
Procedure re- making the application. The certificate above mentioned
^epos'itsf"*°''°*^ shall be forwarded to the Bureau of Immigration and
Naturalization, accompanied by a report of the circum-
stances of the case, sufficiently detailed to enable the De-
partment to determine whether there are present any
peculiar conditions that render the exercise of its author-
ity necessary to meet the ends of justice and humanity.
Such reports shall also show whether the deposits and
assurances hereinbefore mentioned have been made and
given, describing the character of the assurances. If the
apphcation is granted by the Department the ahen wiU be
permitted to enter a hospital for treatment. Should such
treatment extend over a period exceeding sixty days and
the deposit to cover any succeeding thirty-day period not
be promptly forthcoming as above required, the fact of
such failure shall be immediately reported to the Depart-
ment in order that instructions for the deportation of the
alien may issue. When any alien so detained is cured and
allowed to proceed to destination, such amount as remains
unexpended of the deposit or deposits made on his ac-
count shall be returned to the depositor and his receipt
taken therefor.
Not admission, (g) The landing or detention of an alien for the pur-
pose contemplated by this rule shall not be construed in
any manner to alter the status of the alien with reference
to his right to enter or remain in the United States.
(Sec. 19.)
<-hUd'rcn*of do"m'- ^^^^ ll- Hosvitol treatment under section 37. — Where,
Idled aliens: upon the arrival of the wife or minor child or children
trl&ti^ent- "'' '""'seut for by an alien who has declared his intention to be-
come a citizen, or of the minor child or children of a
naturalized citizen, born abroad prior to his naturaliza-
tion, such wife, child, or children are found to be afflicted
with a contagious disorder and it can not be immediately
determined whether the disorder will be easily curable,

EULES EELATING TO ADMISSION OE EXCLUSION. 37

they shall be held until a determination can be had, e^'T^fi chmTmltAm?
an apphcation may be made, accompanied by the certiti- iciied au'cns:""'"
cate of the medical examiner, to the Secretary of Com-
merce and Labor for permission to allow the landing of
such wife or child for hospital treatment or other ap-
propriate care or attention. In such cases, where neces-
sary, pending the decision of the Secretary, hospital treat-
ment or other appropriate care or attention shall be
immediately afforded. This application or the accom- Evidence re-
panymg papers must clearly show that the husband or*^""^"-
father has actually taken up his permanent residence in
this country and has actually filed his declaration of in-
tention to become a citizen of the United States, or has
actually been naturalized, and that he is in fact the hus-
band or father of the alien in question. Nothing con-
tained herein shall be taken as in any manner affecting
the liability of transportation companies under section 9,
or as altering the status of the aliens concerned with ref-
erence to their admission or exclusion. (See Eules 5
and 10.)

Rule 12.°

Rule 13.. Detention expenses. — (a) The appropriate Detention ex-
immigration ofhcers may conduct the inspection of aliens p""*'^'
(including medical examination and examination before tataeTeuher on
boards of inquiry), and detain them or order them de- J'j^^^^f '<"■'" '^ ^t*-
tained pending determination of their right to land and
after exclusion, either on the vessel or at any other place
to which they may be temporarily removed by the direc-
tion or with the consent of such immigration officers.
Whenever a temporary removal of aliens is made to a . ,„^''™°,™',*?/'^"

1 .-, .. . . ^ ,*^ . 1 . 7 . . tion not a land-

buildmg existmg lor tneir detention and exammation, oring," and steam-
to any hospital, or elsewhere, such removal shall not be for an expenses;^
regarded in any sense as a landing, and the steamship
company concerned shall pay all expenses incident to or
involved in such removal and detention (excepting only
where removal or detention occurs under the terms of
any of the provisos of section 19 or of section 37), irre-
spective of whether the aliens removed or detained are
subsequently admitted or deported; such expenses to
include those of maintenance, treatment, and care in hos-
pital, medical treatment elsewhere, burial in the event of
death, and transfer to the vessel in the event of deporta-
tion. Where aliens are fed under an exclusive privilege
(section 30), the expenses of maintenance shall be deemed
the charges at which the privilege holder agrees to furnish
them food, except that the cost of any special food found
by the surgeon to be required by an alien in feeble health
(but not detained in hospital) may be an additional ex-
pense of maintenance. At ports where the Immigration How charges
Service maintains hospitals the hospital expenses shall be ^'''' "'""'■
such as are fixed by the Commissioner-General of Immi-

"The old rule of this number has been amended and combined with Rule 5.

38 EULES EELATING TO ADMISSION OK EXCLUSION.

penses""'"' ""gration, and at other hospitals they shall be such as are

fixed by the authorities thereof.
paSyingaifen; "" (&) If iu the judgment of the officer in charge, based
upon the expressed opinion of a surgeon, it is necessary
for the proper care of an alien removed to hospital or as
a measure of humanity to place with him there an attend-
ant or accompanying alien, the cost of the latter's deten-
tion in hospital must be borne in the same manner as is
the cost of treating the disabled alien.
maylpe^equired (c) Immigration officers are under no obligation to
seiTCs'^to? ^''T- °''*^®'' *h® removal of aliens from a vessel for inspection
menTof; '"^ '^'^^ oT hospital treatment until the steamship companies have
obligated themselves in a manner satisfactory to such
officers for the payment of the expenses hereinbefore
referred to, and at their option they may require payment
aliens may b^re- in advancc, or sccurity, for each and every one thereof;
turned to vessel; and for failure on the part of a steamship company at
any time during the course of detention to pay such
expenses, the aliens may be returned to the vessel.
borne^"by*''Gov'^ (d) Detention expenses shall be borne by the Govern-
ernment- mcnt in cases of (1) aliens held as witnesses under section
19 and (2) insane aliens whose health or safety would be
unduly imperiled by immediate deportation (section 19).
—by the alien; They shall be bome by the ahen always where he is
treated by "express permission" of the Secretary under
section 19 (Op. Compt. Jan. 15, 1908); and preferably
Government'' or ^y ^^^® alien, but by the immigration appropriation under
alien; Special authority (1) where it is necessary to hold the

alien after admission in accordance with Rule 15, and (2)
in the cases of wives and minor children of aliens who
have filed their declaration of intention to become citizens,
and of minor children of naturalized citizens born
abroad prior to the naturalization of the parent, where
such cases are covered by section 37 (Op. Compt. Jan. 15,
1908; see also Rule 11).
Presenting bills (g) Bills pertaining to any of the expenses in this rule
mentioned shall be presented to the steamship companies
responsible monthly, or oftener at the option of the
officer in charge. Where such expenses are not in respect
of services rendered by privilege holders, private hospitals
or other third parties, the officer in charge may require
the bills covering the same to be first submitted to him
for approval,
witnesses: Rulc 14. HoMina aliens as witnesses under section 19. —

toac°tai."^ aliens In recommending that an ahen be held to testify against
persons violating the immigration act, detailed reasons
for the recommendation should be given. If deportation
is thereupon stayed by the Department, the case must be
promptly reported to the United States attorney with
request that, if he decides to institute proceedings,
arrangements be at once made either to take the depo-
sition of the alien or to secure an order from the court for
his detention as a witness, as the nature of the proceed-

RULES BELATlNG TO ADMISSION OR EXCLUSION. 39

ings may require." If the United States attorney decides
not to prosecute, or the ahen's testimony is taken by
deposition, or it is not possible to promptly secure an
order of court for the holding of the ahen, such fact shall
be reported to the Department, so that an order of depor-
tation may issue without delay.

Rule 15. Assistance to admitted aliens. — Any alien who p ^^'J'*'?! i*^*
has been admitted may be permitted to wait for friends aliens:
or remittances upon payment by him of the actual ex-„?,';°.^''ii"1

* 11 /• 111 1- 1 Jllcalig 111 (-.tlhc Ul

penses mcurred by reason of such delay. In case such an accident.
alien is unable, from accident or other unavoidable cir-
cumstances, to immediately continue his journey, and is
without sufficient means to defray the expense of his
enforced delay, the commissioner of immigration may, in
his discretion, pay said expense, reporting said case to the
Bureau of Immigration and Naturalization, with reasons
for his action, and request that such expense be repaid
out of the "appropriation for the enforcement of the
immigration act." ,

Rule 16.6

Rule 17. Oath, hoard of special inquiry. — Any immi- boS^Tspec^ai
gration or other government officer appointed to serve inquiry:
on a board of special inquiry under the provisions of oath to be
section 25 of the Act approved February 20, 1907, shall ""''° ^''•
be required to subscribe to the following oath :

Form 566. Department of Commerce and Labor,
Immigration Service.

I, , havina; been designated by

to serve aa a member of a board of special inquiry, under

the provisions of section 25 of the act of Congress approved February 20,

]907, do solemnly that I will use my best endeavors as a

member of such board to enforce the laws of the United States relating
to the admission or exclusion of certain classes of aliens, and that I will
well and faithfully discharge the duties of the ofRce mentioned.

and subscribed before me this day of .

A. D. 19...
[Official seal.]

Rule 18. Appearance of attorneys. — Attorneys and per- Attorneys:
sons appearing in behalf of detained aliens shall not be j,^^^^||^ ^J." ^^
permitted to charge a sum exceeding ten dollars in each
case unless the commissioner or officer in charge shall, in
writing, allow an additional compensation. A family or
party of aliens traveling together shall be regarded as
constituting a "case" within the meaning hereof. _ If for
any special reason an attorney deems himself entitled to

a One of the reasons for this requirement is a desire to avoid the hard-
ship that would result from holding the alien after exclusion has been
determined upon without some arrangement being effected whereby
he may receive witness fees. Such fees can not be granted by the
Department, but under certain conditions are allowed by a court. _

t> The old rule of this number has been amended and combined with
Rule 13.

40 EULES RELATING TO ADMISSION OR EXCLUSION.

Attorneys: ^ larger fee, or if it is actually necessary for such attorney
to incur expense in an alien's behalf, he shall report sucli
facts to the commissioner or ofRcer in charge when apply-
ing for the privilege of charging an additional fee or
claiming reimbursement for expenses, and, if permission
is granted, shall collect such additional^ fee or expenses

Method of dis-Qnlv through the commissioner or officer in charge. Any-

harring for mis- •' , P ,. « • . i • j . .• •'

conrtnct; oue cliargmg an ahen a tee prior to nis _ detention, or

charging or receiving from an alien or his relatives or
friends a fee, gift, or compensation for his services in
excess of the above rate, except in the manner pro-
vided, or who shall deprive an alien of any part of his
chattels or effects in lieu of, or as security for, said fee,
will, upon reasonable proof of such misconduct, and after
having been allowed a fair opportunity to answer the
charge, be disbarred by the Department (to which a full
report of the matter shall be made) from practicing at

^^Keeping record aj^y imnuOTation station of the United States. The
names and addresses of attorneys or other persons so
disbarred shall be conspicuously posted at the immigra-
tion station where the misconduct occurred and their
names recorded in the office of the Commissioner-Gen-
eral of Immigration.

^^Notice of sail- Rule 19. Noticc of sailings. — The master, agent, owner,

°m t ^^ consignee of any vessel on which ahens are brought

seistogive. to the United States shalt, at least twenty-four hours in
advance thereof, notify the commissioner of immigration
or officer in charge of the intended time of samng of
such vessel, in order that such officer may place on board
the vessel every ahen brought thereon who has been
finally refused a landing.
Admissions Rulc 20. Admissious under bond. — If, in foUowing the
provisions of Rule 6 hereof relating to appeals, the hoard
Cases in which q^ Special inquiry reaches the conclusion that an ahen in

permissi e, -v^rhosB case a medical certificate for some -physical defect,
other than tuberculosis or a loathsome or dangerous con-
tagious disease, has been rendered is excludable solely
because such certified physical defect is, in the board's
opinion, "of a nature which may affect the ability of such
alien to earn a living," or render him liable to become
a public charge, but that such alien is otherwise admissi-
ble, and, after notice of his right to do so, the ahen sig-
nifies (within the time specified by Rule 5 hereof) an
Procedure for; intention to apply for admission under bond, the board
shall not enter an excluding decision against the ahen
as in other cases, but shall make a special finding of
fact in the premises and report the same, including the
certificate or the medical examiner, to the immigration
officer in charge, who shall forward the report, together
with his recommendation, to the Secretary of Commerce
and Labor, through the Commissioner-General of Immi-
gration. (See sees. 10 and 26 and Rule 6.)

If, in the exercise of the discretion conferred by law,

bond"""" ° the Secretary decides to admit the alien, a bond Avill be

. ET7LES RELATING TO ADMISSION OR EXCLUSION. 41

required in an amount which in no case shall be less tlian|j|j^^<'j™^'jf/.'''"*'

five hundred dollars. The sureties thereto shall be parties « „,„.■„, „„

of known and ascertained responsibility and approved by bond;

the commissioner of immigration or immigration officer

in charge. The bond shall be executed in duplicate on ^u^i^^t^ ^^ '°

forms supplied by the Bureau, but shall not be accepted

until landing of the alien under bond is authorized by

the Department.

If, within a reasonable time, not to exceed thirty days, bond^'^fot^orth-
after the receipt of the Department's authority for the coming.
landing of an alien under bond, there is not forthcoming
bond with acceptable sureties, that fact, and all others
that may have a bearing upon the matter, shall be re-
ported to the Department, with request for instructions ;
and if in any such case the former decision of the Depart-
ment is reversed, the alien shall then be formally rejected
by the board.

Rule 21. Japanese and Korean lalorers.— The follow- KoZnTabort?s:
ing rule is promulgated for the purpose of giving "effect to
an executive order of the President issued on March 14,
1907, reading:

Whereas, by the act entitled "An act to regulate the immigration Pre|ui^entjs
of aliens into the United States," approved February 20, 1907, Concerning;
whenever the President is satisfied that passports issued by any
foreign government to its citizens to go to any country other than
the United States or to any insular possession of the United States
or to the Canal Zone, are being used for the purpose of enabling
the holders to come to the continental territory of the United States
to the detriment of labor conditions therein, it is made the duty of
the President to refuse to permit such citizens of the country issuing
such passports to enter the continental territorjr of the United States
from such country or from such insular possession or from the Canal
Zone;

And Whereas, upon sufficient evidence produced before me by
the Department of Commerce and Labor, I am satisfied that pass-
ports issued by the Government of Japan to citizens of that coun-
try or Korea and who are laborers, skilled or unskilled, to go to
Mexico, to Canada and to Hawaii, are being used for the purpose
of enabhng the holders thereof to come to the continental terri-
tory of the United States to the detriment of labor conditions therein;

I hereby order that such citizens of Japan or Korea, to wit: Japanese
or Korean laborers, skilled and unskilled, who have received pass-
ports to go to Mexico, Canada or Hawaii, and come therefrom, be
refused permission to enter the continental territory of the Umted
States

It is further ordered that the Secretary of Commerce and Labor
be, and he hereby is, directed to take, through the Bureau of Immi-
gration and Naturalization, such measures and to make and enforce
such rules and regulations as may be necessary to carry this order
into effect.

(ffl) Aliens from Japan and Korea are subject to the J^^je^j'^l^gen.
general immigration laws. '»"=■"

(6) Every Japanese or Korean laborer, skilled or un-p^^taued^^pass-
skiUed applying for admission at a seapoM or at a land-
border'port of the United States and having m his posses-
sion a passport issued by the Government of Japan, en-
titling him to proceed only to Mexico, Canada, or Hawaii,
shall be refused admission.

42 RULES RELATING TO ADMISSION OR EXCLUSION.

KorTnTaboroI's''- (c) ^^ ''^ Japanese or Korean laborer applies for ad-
1' resumptions iiiission and presents no passport, it shall be presumed

conceraing; (1) that he did not possess when he departed from Japan
or Korea a passport entithng him to come to the Umted
States, and (2) that he did possess atthat time a passport
hmited to Mexico, Canada, or Hawaii.

s oSSitld^^' ^^) I^ ^ Japanese or Korean aHen appKes for admis-
sion and presents a passport entitling him to enter the
United States or one which is not limited to Mexico, Can-
ada, or Hawaii, he shall be admitted, if it appears that he
does not belong to any of the classes of ahens excluded
by the general immigration laws.

stSus'o™'^'' ^'' *° *^^) ^^ ^ Japanese or Korean alien applies for admis-
sion and presents a passport limited to Mexico, Canada,
or Hawau, and claims that he is not a laborer, either
skilled or unskilled, reasonable proof of this. claim shall
be required in order to permit him to enter the United
States. .
Appeal by; ^f^ When a Japanese or Korean alien is rejected as

being a skilled or unskilled laborer holding a passport
limited to Mexico, Canada, or Hawaii, he shall be allowed
the right of appeal to the Secretary of Commerce and
Labor under the same conditions as attach to aliens
rejected under the general immigration laws.
Arrest of; (^) jf g, Japanese or Korean skilled or unskilled laborer

is found in the continental territory of the United States
without having been duly admitted upon inspection, the

f)rocedure employed under the general immigration laws
or the arrest and hearing of aliens who have entered the
United States surreptitiously shall be observed, to the
end that the right of such alien to be and remain in the
Deportation of; United States may be determined ; and if it shall appear
that such ahen falls within the class excluded by the
foregoing Executive order, and has entered the United
States since the 14th of March, 1907, the said ahen shall
be deported according to the provisions of sections 20,
21, and 35 of the act of Congress approved February 20,
1907.
co'nfmunicate (f^) ^^ ^ase any Japanese or Korean is detained or de-
wuii diplomatic ixied admissiou by virtue of the foregoing Executive
order, he shall, in addition to being informed of his right
of appeal to the Secretary of Commerce and Labor, be
advised that he may communicate by telegraph or other-
wise with any diplomatic or consular officer of his Gov-
ernment, and shall be afforded opportunities for so doing.
Courtesy a,nci ({) The officials of the Department charged with the

consideration due « a p j i * • j • i • , , i xi j.

to; enlorcement of the immigration laws are instructed that

in the execution of tliis rule scrupulous care shall be
taken to see tKat the courtesy and consideration which
the Department requires in the case of all foreigners, of
whatever nationality, are shown to those affected by
this rule. All officers of this Department are hereby
warned that no discrimination will be tolerated, and
that those coming under this rule must be shown every

Definition of
term "laborer,
skilled and nn-

BULES KELAHNG TO ADMISSION OR EXCLUSION. 43

courtesy and consideration to which the citizens of k;!, p „"Pb ,""''•
most-favored nations are entitled when they come to the
United States.

(?) For practical, administrative purposes, the termj^^^
"laborer, sldlled and unskilled," within the meaning ofek"
the Executive order of March 14, 1907, shall be taken to'""""''
refer primarily to persons whose work is essentially
physical, or, at least, 'manual, as farm laborers, street
laborers, factory hands, contractors' men, stable men,
freight handlers, stevedores, miners, and the Uke; and
to persons whose work is less physical, but still manual,
and who may be highly skilled, as carpenters, stone
masons, tile setters, painters, blacksmiths, mechanics,
tailors, printers, and the like; but shall not be taken to
refer to persons_ whose work is neither distinctively man-
ual nor mechanrcal, but rather professional, artistic, mer-
cantile, or clerical, as pharmacists, draftsmen, photog-
raphers, designers, salesmen, bookkeepers, stenographers,
copyists, and the like. The foregoing definition is sub-
ject to change, and will not preclude the Secretary of
Commerce and Labor from deciding each individual case
which comes to him by way of appeal in accordance with
the particular facts and circumstances thereof.

Qc) Passports presented by Japanese and Koreans pj^p";:^!™™"''
shall be plainly indorsed, in indeUble ink, by the officer
admitting or rejecting the applicant, in such a manner as
to show the fact and date of admission or rejection, the
name of the officer being signed to such indorsement;
after which the passport shall be returned to the person
by whom presented.

Rule 22. In consideration of the necessities of com- seamen:
merce and navigation, it has been held that foreign sea- why examina-
men arriving at the ports of the United States, and^^"" °""""^'^'^'
landing therein in the pursuit of their calhng, are not
ordinarily within the operation of the immigration act
(23 Op. Atty. Gen., 521; 207 U. S., 120). But in order
that this exemption shall not avail to permit the intro-
duction into the United States of aliens excluded there-
from by the said act, it is necessary to observe the fol-
lowing distinctions between foreigners who are seamen
and other aliens:

A seaman is any person employed to serve in any who are sea-
capacity on board any vessel plying between foreign'"""'
ports and ports of the United States, whose occupation
consists in following the sea, and who lands in the United
States with no intention of remaining, and not otherwise
than on shore leave, or on the business of his vessel, or .
for the purpose of reshipping.

Aliens, members of the crew of vessels engaged in the in^ coastwise
coastwise trade of the United States, are aliens within "''^ "'
the meaning of the immigration act and subject to its
provisions (Ops. Solr., June 14, 1907, and Sept. 16, 1907).

Aliens, though members of the crew of vessels engaged Discharged;
in the foreign trade, if their employment terminates at

44 EtTLES EELATING TO ADMISSION OR EXCLUSION.

Seamen: jj^g g^d of the voyage to the United States, or if dis-
charged in a port of the United States, are to be treated
as seamen only if it appears that they intend to reship
on a vessel bound to a foreign port, or to depart from
the country within a reasonable time.
Deserting; Ahens, though members of the crew of vessels engaged

in the foreign trade, if they desert their slxip, shall, until
the contrary is shown, be deemed to have abandoned their
calling, and to be no longer seamen, within the meaning
of this rule.
Found in Aliens, though landing in the United States as Seamen,
^tTe^r^viae'^en-if found thereafter engaged in any occupation not con-
gaged; ncctcd with the business of a vessel to which they are at-

tached, or if found to be public charges, shall be treated
as other aliens are treated, and shall be liable to deporta-
tion in like manner and for like causes.
Application of In the application of the immigration act to aliens,
^'^"°' members of the crew of vessels engaged in the foreign

trade of the United States, the following instructions
will be observed:
aenerai proce- (a) Aliens coming to the United States as members of
ureregar ing— ^j^^ crcw of any vcsscl, who are found to be seamen as
xamtaed! ^^'™* herein defined, shall not be examined by officers of the
Immigration Service further than may be necessary to
determine their status as seamen, and to ascertain that
they are not insane, idiots, imbeciles, epileptics, or per-
sons afflicted with tuberculosis or with a loathsome or
dangerous contagious disease; head tax shall not be cer-
tified on their account ; they shall not be prevented from
landing temporarily in the United States, nor required
to land at any designated time or place ; neither shall any
manifest of them be required, nor shall they necessarily
be returned to the country whence they came by the ves-
sels bringing them. Alien seamen, however, who are
insane, idiots, imbeciles, epileptics, or persons afflicted
o/ph'y''s'icaiiy'^it^^ tubcrculosis Or witli a loathsome or dangerous con-
afflicted, not con- tagious disease, and the existence of whose disease or dis-
siAereibormfide, g^y^-y jjiight have been detected by means of a compe-
tent medical examination at the time of foreign em-
barkation, are persons whose employment on board
vessels is in nowise necessary to commerce and naviga-
tion, and who are, accordingly, not within the exception
in favor of seamen, because not within the reason thereof.
The bringing of such seamen to the United States, there-
fore, is unlawful by the terms of section 9."
be^primadry in° ^^ -^^^ aliens comiug to the United States as members
spected; of the crew of a vessel, who, for any of the reasons here-

inbefore mentioned, are found not to be seamen as herein
defined, shall in no respect be distinguished, by reason of
their present employment, from other aliens seeking
admission into the United States; but it shall be the duty
of the inspectors and medical offlcers detailed for the

a For manner of assessing fine in such cases, see paragraph {g), Rule 28.

EULES RELATING TO ADMISSION OB EXCLUSION. 45

Eurpose to determine whether such ahens are clearly and seamen:
eyond doubt entitled to land, and to hold for examina- o™e™; pwce-
tion by a board of special inquiry such as are not g^ ''"" "s""-*""-
entitled, and to follow the same procedure as in the case
of alien jDassengers seeking to land, including the certifi-
cation of head tax on account of those landed.

(c) In case any alien employee of a vessel is found ifaotftow^ic,
by the immigration officials not to be a bona Jide sea-Snded; °°* ^^
man seeking to land in the pursuit of his calling, and

is declared by such officials inadmissible under the im-
migration act, the master, owner, agent, or consignee
of such vessel will be required, subject to the penalties
imposed by said act, to prevent the landing of such inad-
missible alien and to return him to the country whence
he came.

(d) Head tax shall not be assessed on account of bona Head tax not
fide seamen landing in the pursuit of their calling. OnSaTi'c," ™ "
account of such as are discharged with the intent to

remain in the United States, and on account of those who
are found or shown to have deserted and remained in the
United States, the head tax shall be assessed.

(e) Of such aliens employed on board vessels as are Manifests of not
found by the immigration officials not to be bona Jide "^ "'
seamen, or not to be seeking to land in the regular course

of their pursuit with intent to continue their calling,
the immigration officials shall prepare hsts, in lieu of
manifests, for use in compiling statistics, indicating in
such lists that the alien applicants therein enumerated
arrived at the port as employees of a vessel.

(f) If, upon the arrival of a vessel from a foreign Procedure if iii
port, it is discovered that any alien member of the crewsei's rauntry^'^*'

re-

of stich vessel is ill or disabled to such an extent as to g™^^ return
make it obligatory upon the master of the vessel, under
the navigation laws of the country to which the vessel
belongs, to return the seaman to the country where he
embarked, immigration officials shall confer with the
master and with the consular representative of the coun-
try to which the vessel belongs, with the object of per-
fecting plan? by which the master may be able to observe
the laws of his own country without making possible or
encouraging a violation of the immigration laws of the
United States. If the disabled seaman relinquishes his care to he exer-
calling, he shall be treated hke any other ahen seeking Xen'm and" u
admission to the United States; and if, upon being 'o™d transit;
brought before a board of special inquiry, his rejection
is ordered the master of the vessel shall be required to
return him by such vessel, or at his own expense, to the
country where he embarked. If/ the seaman does not
relinquish his calling, or if the master desires to return
him otherwise than by the vessel on which he arrived,
it will be permissible for him to pass through the United
States, in transit to the country where he embarked, by
the most expeditious and direct route: Provided, That (if
he is suffering with a loathsome or dangerous contagious

46 KULES RELATING TO ADMISSION OE EXCLUSION.

Seamen: disease, or with tuberculosis, or is in such physical or
durrrfgtii'g-' mental condition as to render hina a person likely to
become a public charge or otherwise inadmissible) ar-
rangements are made for his proper care while passing
through the country, and a sum of money sufficient to
defray the expenses thereof is furnished by the master of
the vessel. This being a provision made in the interest
of trade, and because of the peculiar position occupied by-
seamen under principles of international comity, immi-
gration officials shall exercise care to insure a thorough
understanding with all parties concerned, that violations
of the immigration laws may be provided against, and
that the spirit of foreign laws may be observed.
Special proce- (g) With a vicw to the more efficient enforcement of
to^ie fouomdln the immigration law with respect to foreign crews, and
'ceiufe%ZgreR ^^^ the greater convenience both of officers of the Inuni-
by vessel— gratiou Service and of the commercial interests involved,

the following special procedure will be observed in cases
where the master, agent, owner, or consignee of any vessel
engaged in the foreign trade of the United States shall
give satisfactory assurances of ability and willingness to
comply with the conditions thereof:
Mental and 1. The master, owner, agent, or consignee of any such
natmn^of, atXr- vcsscl shall enforce at its foreign ports of departure and
eign ports; ^^^ g^ rigid mcdical examination of aliens seelang employ-
ment on such vessel which will insure the rejection of any
and all applicants suffering with any mental or physical
affliction which would make them inadmissible to the
United States under section 2, or would render the vessel
liable to the fine mentioned in section 9 of the immigra-
tion act. Any failure on the part of any vessel to enforce
such a medical examination in the case of any membter of
the crew, coming to the Isnowledge of an officer of the
Immigration Service, shall be promptly reported to the
Department for appropriate action.
Report of pros- 2. In any case in whicli an alien Seaman is HOt employed
pec ive >sc^ar|| ^j. articled for the return trip voyage to and away from
states ports; ^jj^g United States, and in any case in which it becomes
necessary for any reason to discharge an alien member
of a crew, the master, owner, agent, or consignee of the
vessel shall notify the commissioner of immigration or
the immigrant inspector in charge at the port of such
necessity in due season to permit the inspection .and
examination of such alien under the provisions of the
immigration act.
Reguiatton ^^of 3. Masters, owners, agents, and consignees of such ves-
reporting auspi-sels shall enforce in the ports of the United States regu-
cioua cases of; latious on the subject ^of shore leave which will prevent
as far as possible the permanent landing of aUen mem-
bers of the crew before inspection by the immigration
authorities. They shall, also, furnish the immigration
authorities with the names of aliens employed on their
vessels of the hona fides of whose intention to follow the
sea they have any reason to doubt, and shall afford

RULES RELATING TO ADMISSION OR EXCLtTSION. 47

opportunity for the inspection of such aliens; and, except seamen:
by express permission of the Immigration Service, they , ^p^""' p™«-
shall under no condition grant shore leave or permit the t^L /SS7«
landing of alien seamen who are insane, idiots, unbeciles, fedmeTalrlTil
epileptics, or persons afHicted with tuberculosis or with a ^v "«»»«;-
loathsome or dangerous contagious disease.

4. When desertions occur, the master, agent, owner, or j,^^^j?PJ>''tta8 de-
consignee of the vessel shall promptly notify the local apprXnding'd'e-
immigration authorities of the name and description of^""''"'*'
the deserter, and any other information obtainable which
would aid in the apprehension of such deserter, to the end
that he may be returned to the vessel for conveyance to
the foreign port of shipment.

Where the foregoing conditions have been faithfully j^j^J^^^^'J^p^'o^^
complied with, and satisfactory evidence thereof has under special pro-
been presented, of the sufficiency of which the Secretary ''^'^"^"
of Commerce and Labor shall be the sole judge, the master,
agent, owner, or consignee will be deemed to have pro-
vided a "competent medical examination" of the ves-
sel's crew at the time of foreign embarkation within the
meaning of section 9, and wUl be deemed to have taken
reasonable precautions to prevent the landing of alien
members of the crew within the meaning of section 18;
and the special procedure prescribed in the several articles
of this paragraph {g) will be followed.

Rule 23. Stowaways. — The Immigration Act contains stowaways:
no provision expressly relating to stowaways. Such per- jjj^"^i.^|^^f?jjj^|'^
sons must be dealt with, therefore, if they seek admission
to the United States, precisely as other aliens are dealt
with.

Alien stowaways must be repoi.-^d and manifested by
the masters of vessels, immediately upon arrival at a
port of the United States, in the same manner as other
aliens: Provided, however, That the name of every such
person shall be followed by the word "stowaway." Head
tax shall be certified on their account, and they shall be
examined under the Immigration Act touching their
right to enter the United States.

Rule 24. Ports of entry, Canada. — In accordance with Portsof entry,
section 36, the following are named as Canadian border "^"^.^^^^
ports of entry for aliens ; and any alien who enters the
United States across such border at any other point shall
be deemed to have entered the country unlawfully, and
shall be arrested and deported under sections 20, 21, and
35 of said act, in the manner provided by Rule 34 hereof:
Eastport, Calais, Vanceboro, Fort Kent, Fort Fairfield,
Van Buren, Houlton, and Lowelltown, Me.; Beechers
Falls, N. H. ; Island Pond, Newport, Richford, St. Albans,
Swanton, and Alburg, Vt. ; Rouses Point, Malone, Fort
Covington, Nyando, Ogdensburg, Morristown, Clayton,
Cape Vincent, Charlotte, Olcott, Lewiston, Madawaska,
Niagara Falls, and Buffalo, N. Y. ; Cleveland and Toledo,
Ohio; Detroit, St. Clair, Port Huron, and Sault Ste.
Marie, Mich.; Chicago, III.; Duluth, Ramer, Interna-

48

RULES BELATING TO ADMISSION OR EXCLUSION.

Canadian
ai:!;reonient;

Admission un-
der;

Seaports of in-
spection;

Certificates
admission;

Form of;

tional Falls, Warroad, Beaudette, and Noyes, Minn.;
Hannah, Pembina, Neche, Walhalla, Portal, and St. John,
N.Dak.; Sweet Grass and Gateway, Mont. ; Porthill and
Eastport, Idaho; Marcus, Orovdle, Sumas, and Blaiae,
Wash.

Rule 25. Admission and exclusion, Canadian forts. —
In view of the agreement between the various steamship
and railroad companies in the Dominion of Canada and
the Commissioner-General of Immigration of the United
States of America, inspection and entry of aliens into the
United States from foreign countries, through Canadian
territory, under the Immigration Act, will be accom-
plished in accordance with the following provisions :

(a) All aliens arriving in Canada, destined to the
United States, shall be inspected at any one of the follow-
ing ports: Halifax, Nova Scotia; Quebec and Point Levi,
Quebec; St. John, New Brunswick; and Vancouver and
of Victoria, British Columbia; and the holders of certifi-
cates, duly signed by the United States commissioner of
immigration for Canada, shall be entitled to admittance
to the United States, at any one of the places of entry
along the border thereof named in Rule 24, without
further examination by the United States immigration
officers as to their right to enter, upon their identification
and their surrender of said certificates to such officials.

(6) The said certificate shall be in the following form:

Alien certificate.

No.

Form 524.

Department of Commerce and Labor,

Immigration Service,

This is to certify that , a native of

, who arrived at the port of

Eer steamship " ," on the , 19..,
as been duly inspected and registered, and will be admitted into
the United States upon proper identification and surrender of this
certificate to any immigration officer at the frontier.

The description of the holder is as follows: Age, ; height,

; weight, ; color of hair, ; color of eyes,

Remarks: [Note destination, etc.]

Surrendered at

19.

U. S. Commissioner of Immigration.
to Inspector

naSb' to'ec" ^^) "^^^ examination at Canadian ports of all aliens
tors'and'boards-' destined to the United States shall be similar in all re-
spects to that conducted at ports of the United States.
Such aliens as, in the opinion of the examining inspectot,
are not clearly entitled to admission shall be taken before
a board of special inquiry, the decision of which shall be
final, unless reversed upon appeal, as provided for in
section 25.
Deportation of {d) All aliens arriving at Canadian seaports, destined
to the United States and who may be adjudged iaadmis-

rejected aliens;

RULES RELATING TO ADMISSION OR EXCLUSION. 49

sible thereto, shall be refused the certificates herein called Canadian agree
for, and the steamship company bringing such aliens to '"™''
such Canadian seaport shall be required to return them
to the countries from which they respectively came.

(e) The masters, owners, or agents of vessels bringing Manifests or in-
aliens to Canadian ports, destined to the United States, ge""'"""^'™'
shall be required to furnish to the United States immi-
grant inspectors in charge at such ports complete mani-
fests and alphabetical books of all alien passengers ar-
riving upon vessels of their respective lines, and, in ad-
dition thereto, complete manifests of all alien passengers
destined to the United States such as are now required
by law in the cases of vessels bringing aliens to the ports
of the United States; and the said masters, owners, or Payment or
agents shall pay to the United States commissioner of^'^^'^^^'''
immigration for Canada the sum of four dollars for each
and every alien brought to a Canadian port and des-
tined to the United States: Provided, That no head tax
shall be levied against or collected from Canadian steam-
ship lines on aliens brought to Canada, destined to the
United States, who are shown to belong to any one of
the excluded classes and who are returned to the country
whence they came. In addition to the foregoing, the Manifests of
Canadian steamship companies will furnish to the United gers^""^ passen-
States commissioner of immigration for Canada (for
transmission to the Commissioner-General of Immigra-
tion) manifests of all passengers not citizens of the
United States leaving the United States and proceeding
by the vessels of such companies to foreign ports,- as re-
quired in the cases of United States transportation com-
panies by section 12.

(/) All aHens of the class upon whom head tax is certmiates of
chargeable not provided with certificates of the character
described in paragraph (a) hereof who shall apply at the
border between Canada and the United States within one
year after arriving at a Canadian port shall be required
to retui'n to such port, or to any one of the ports desig-
nated in paragraphs (a) and (/) hereof, for guaranty of
payment of head tax, examination, and the procurement
of the certificate described in paragraph (a): Provided, j„^i^^JI;'^f^t
That any aUen, whether of a class upon whom head tax is quired;
chargeable or otherwise, who desires to enter the United
States from the Dominion of Canada, may be required by
any immigrant inspector having a doiibt as to alien's ad-
missibility, to appear for examination before a board of
special inquiry located at any of the following points :^L^ocation of
Halifax and Yarmouth, Nova Scotia; Calais and Houlton, ° "'
Me.; St. John, New Brunswick; Quebec and Montreal,
Quebec; Newport, Vt.; Buffalo, Niagara Falls, and
Lewdston, N. Y.; Cleveland and Toledo, Ohio; Detroit,
Port Huron, and Sault Ste. Marie, Mich. ; Chicago, 111. ; ,
Duluth and International Falls, Minn. ; Winnipeg, Mani-

67616°— IC 4

50 EULES RELATING TO ADMISSION OE EXCLUSION.

c^nadi^nisree-toba; Portal, N. Dak. ; Sweet Grass and Gateway, Mont. ;
Eastport, Idaho; Marcus, Sumas, and Blaine, Wash.;
and Vancouver and Victoria, British Columbia. That
the decisions of the said boards of special inquiry shall
have the same force and effect as decisions rendered by
boards of special inquiry at seaports of the United States.

HoI^^^^^rn'^'JJi^ That the various steamship lines shall return at their own

required; expense, from some seaport oi the JJominion oi Canada or

of the United States, as they may deem most practicable
and may elect, to the trans-Atlantic or trans-Pacific
country whence the aliens came, those aliens coming
within the provisions of this paragraph who are shown to
belong to any of the excluded classes mentioned in section
2, whenever in the judgment of the Secretary of Com-
merce and Labor the deportation of such aUens in the
manner described is deemed necessary to safeguard the
interests of the United States.

poTSf"*'''^^*^'^^ (?) All facilities in the way of accommodations, access
to aliens, and the keeping of aliens apart from the pub-
lic until after inspection shall be afforded to the immi-
grant inspectors of the United States at the Canadian
ports of landing to enable them to make such inspection
as is required by the laws of the United States.

admisSm*"^ "' ^^^ ^^ ^® expected that the railway and other trans-
portation companies in the Dominion of Canada will not
sell to any aliens en route to any part of the United States
tickets for their transportation, or transport them in cars
Prerequisite to or vessels from the port of entry, until after they have

transportation, gxhibited their certificates as herein provided, and will
not knowingly transport into the United States any re-
jected or undesirable aliens or those who are by law pro-
hibited from entering said country, but will return the
Returningreiected aliens to the ports at wmch they arrived. All

aliens not hold- i. j_ j i j_i j. j_ !;_■

ing certificates of aliens on account 01 whom the transportation compames
admission; ^pg exempted from payment of head tax, who proceed
to the border between the Uinited States and Canada
without having first been examined and granted a cer-
tificate of admission of the character described in para-
graph (a) hereof, and who may be excluded by a border
board of special inquiry, shall be returned by the trans-
portation company carrying said aliens to the border a
b fo^e'bra'rds"™ '"®^®*^'^^^^® distance in Canada from said border. Ahens
of the class last above mentioned carried to a border point
where there is no board of special inquiry shall be re-
turned and conveyed for examination to the nearest point
at which a board of special inquiry is located.
exciXd^and'de' (^) "^^^ various Steamship lines, parties to the Cana-
portabie classes; diau agreement, shall return at their own expense, at any
time within three years from the date of landing in
Canada, from some Canadian port, or when that is not
practicable from some port of the United States, such
aliens as, having been brought into the Dominion of
Canada upon their respective lines and having subse-

RULES RELATING TO ADMISSION OB EXCLUSIOIM. 51

quently proceeded to the United States, are shown to j^*"*<"an agree-
belong to any one of the excluded or deportable classes
mentioned in the act of Congress approved February 20,
1907, whenever deportation of such an alien is ordered by
the Secretary of Commerce and Labor.

(y) The immigration regulations adopted by the ^e.- ^ ^P^f^f^"" "'
partment of Commerce and Labor relatmg to the exam- aliens eo'ming
ination of aliens at ports of the United States shall apply, '"^--^gh Canada;
in so far as may be practicable, to the inspection of aliens
coining through the Dominion of Canada destined to the
United States.

Qc) All aliens of the taxable class seeking to enter the a^ment'o'f^hea^
United States from Canada or Newfoundland shall bet'aJ™™
denied examination under the United States immigration
laws (except to a sufficient extent to determine their lia-
biUty for head tax) until they present to the examining
officer or officers a certificate from a duly appointed agent
of the transportation company bringing such aliens to
the border, guaranteeing that responsibility for the pay-
ment of head tax on account of such aliens will be assumed
by said transportation company, certificate guaranteeing
payment of head tax being returnable to the applicant for Returning
admission in the event of his exclusion, such certificate be- cltel'^'' "''f'^"
fore its return to the alien to have the word "Rejected"
stamped or written in red ink across its face.

(Z) All moneys collected as provided in paragraph (e) headTax^conected
hereof shall be transmitted by the United States commis- in Canada;
sioner of immigration for Canada to an assistant treasurer
of the United States in the same manner as other miscel-
laneous collections are reported by collectors of customs
of the United States, to be deposited to the credit of the
Treasurer of the United States on account of the ' ' immi-
grant fund." Statement of such receipts, under this
agreement, must be rendered monthly to the Secretary of
Commerce and Labor, on forms provided for that purpose.

(m) Said United States commissioner of immigration ^^commissioner
for Canada shall give bond to the United States in the °° "^ '
sum of ten thousand dollars, with sureties approved by
the Secretary of Commerce and Labor, conditioned for
the faithful discharge of his duties and the remittance of
above collections. He shall make monthly reports to the
Commissioner-General of Immigration, upon blanks to be
furnished by the Department of Commerceand Labor, of
all aliens arriving at stations under the jurisdiction of
the said commissioner of immigration.

in) United States officers charged with the execution c^Xn^o^d"™
of the immigration laws and regulations along the Cana-
dian border will, at the end of each month and from time
to time as may be required, report in writing to the
United States commissioner of immigration for Canada,
upon blanks to be prescribed by him, the number of aliens
passing through tlieir respective ports of entry and the
Canadian ports at which they landed, and the said com-
missioner of immigration for Canada will make to the

52

EXILES RELATING TO ADMISSION OR EXCLUSION.

Commissioner-General of Immigration similar reports in

consolidated form, comprising both ocean and border

ports.

mSico-"'*'"^' K'Ul® 26. Ports of entry, Mexico. — In accordance with

List of. section 36, the following are named as Mexican border

ports of entry for ahens, and any alien who enters the

United States across such border at any other point shall

be deemed to have entered the country unlawfully, and

shall be arrested and deported, under sections 20, 21, and

35 of said act, in the manner provided by Eule 34 hereof:

Mexican bor- Brownsville, Hidalgo, Laredo, Eagle Pass, Del Kio, and

'in ction-^^ Paso, Tcx. ; Douglas, Naco, and Nogales, Ariz.; and

aiongf ^^'' ° " Andrade, Calexico, and Tia Juana, Cal.

Rule 27. Admission and exclusion, Mexico. — Aliens

applying for admission at the Mexican border ports of

entry named in Rule 26 are subject to examination in the

same maimer and to the same extent as though arriving

at seaports, except in the following particulars:

us?d''S'coiil°ctto^ ^*) ^^ ^^^ cases of aliens who are brought to said ports

s fa ti'sUc standby a transportation or bridge company statistical data

head tax; shall be gathered and information as to the manner in

which head tax, if taxable, is to be assessed indicated by

the use of a blank form reading as follows:

FoBM 548.

Manifest

Report of inspection.

Department of Commerce and Labor,

Immigration Service, Serial No.

Mexican Border District.

List No

Line Port of

Arrived via

(Date)

,19..

Personal description.

Height.

Com-
plexion.

Color of—

Marks of identification.

Place of
birth.

Feet.

Inches.

Hair.

Eyes.

Name, ; Accompanied by ; Sheet No. . . ; Age, . . ; Sex, . . ;

Married or single, . . ; Occupation, . . ; Read, . . ; Write, . . ; Nationality,

; Race, ; Last residence, ; Name and address

of nearest of kin in country from whence alien came, ;

Final destination, ; Ticket, ; Passage paid by ;

Money, ; Ever in U. S.? ; Where? ; When? .-....;

Going to join ; Name and address, ;

Ever in prison, etc.? ; Polygamist, ;

Anarchist, ; Contract laborer, ;

Health, ; Transit, I

Head tax assessable against

Action by primary inspector

Immigrant* ,

Statistical* Inspector.

Nonimmigrant* ,

Nonstatistical* Interpreter.

RULES RELATING TO ADMISSION OR EXCLUSION. 53

CHARACTER OF HEAD TAX ASSESSED. Mexican bor-

der:
Straight* Special deposit* (Rule No. . . ) Refund certifiedf

ACTION BY BOARD OP SPECIAL INQUIRY.

Hearing held Serial No

t Admitted * Deferred,

t Debarred * Cause,

ACTION BY DEPARTMENT.

Appeal: Sustained., t Dismissed .. f Authority.. Received., f

Domicile: Allowed 1 Denied t Authority.. Received..}

Bond: Granted f Denied f Authority.. Received..}

Final action (character of), Date,

Detained (cause), from to , incl.

* Strike out inappropriate headings. t Insert date.

(b) The above blank shall be used by every officer of ^j^^se of above
the immigration service making examinations of aliens
brought to Mexican border ports by transportation or
bridge companies, and shall be filled out completely in
each case and delivered to the inspector in charge at the
port of entry, who will thereupon compile from suchpo^tog^^a'Ten^s
forms a detailed notice to the collector of customs, upon object to head
blanks which will be provided, reading as follows:
Statement of aliens subject to head tax.

Form 549. DEPARTMENT OP COMMERCE AND LaBOR,

Immigration Service,
Mexican Border District.

Ofpice op ,

Port op ,

,19--.

Collector op Customs,

Sir: I hereby certify that head tax has been incurred by<»

on account of alien passenger arriving by

on this date, and duly admitted:

Alien subject to head tax at $4 each, as follows:

- $.

Amount to be deposited on account of alien in transit
(Rule 41) and held as special deposit (Treasury decision
24439), as follows: 6

I.

Amount to be deposited on account of alien held for
examination by board of special inquiry (Rule 1) and
held as special deposit: b

$.

Total ■ ^ -

(Name.)
(Title.)

a Give train number and state mode of transportation.

6 Names of aliens and their manifest numbers must be given.

54 KULES RELATING TO ADMISSION OB EXCLUSION.

Mexican bor- (g) jj^ ^]^q cases of taxable aliens who cross the border
Examination '^y other than regular (bridge or railway) transportation
concerni'ng'funds as a preliminary to regular examination under the laws,
m alien's Posses- ^^^j^ ^^^^^ gj^^jj ^^ questioned onlv sufficiently to deter-
mine with precision whether, in the event that full ex-
amination should show him to be admissible, he is in
financial condition to pay the four dollars head tax. If
found to be in possession of sufficient funds in this re-
spect, the examination may be completed, and if the alien
is found eligible he shall be required to pay the head tax
before being permitted to land; the blanks above given
to be used for the purpose of certifying the head tax to
the collector of customs.
Fines: Rulc 28. Fine, Iringing of diseased aliens. — As a

On account dis- meaus of enforcing the collection of any fine imposed
under the provisions of section 9 of the Immigration Act,
the said section directs the refusal of clearance papers to
any vessel bringing an alien diseased as described therein
Manner of im- to a port of the United States. To avoid, on the one
posing, hand, the denial of reasonable time to the master, agent,

owner, or consignee to show cause why such fine should
not be imposed and, on the other hand, the loss of the
summary and effective means provided for the collec-
tion of such fines, the following instructions will be
observed :
mediia?°cVrtifi- ('^) "^^^ Certificate of the medical examiner in the case
cates concerning; of an aHcn affiictcd With idiocy, imbecility, epilepsy,
tuberculosis, or a loathsome or dangerous contagious dis-
ease shall state whether, in his judgment, the existence
of such disability or disease might have been detected by
a competent medical examination .at the port of foreign
embarkation.
Notification; (b) Upon the receipt of a medical certificate in com-
phance with the preceding paragraph hereof, the com-
missioner of immigration or inspector in charge at the
port of arrival shall at once serve notice upon the master,
agent, owner, or consignee of the vessel upon which such
auen arrived in the following form, printed blanks for
that purpose to be procured from the Department, viz:

Form of notice; JVbiicc of liability for fine on account of bringing diseased alien to the

United States.

Form 507. DEPARTMENT OF COMMERCE AND LaBOR,

Immigration Service,
[Prepare Office OF.

in trlplic

1 triplicate.] Port of ,

,19--

To

of the steamship

[Master, agent, owner, or consignee.]

In conformity with the requirements of Rule 28 of the Immigration
Regulations, you are hereby notified that the certificate of the examin-
ing surgeon, based upon a physical examination of the alien whose

RULES EELATING TO ADMISSION OR EXCLUSION.

55

name is shown herein, indicates that a fine should be imposed under Pines:

the provisions of section 9 of the Immigration Act approved February On account dis-

20, 1907. eased aliens—

If you desire a hearing as to whether a fine should be imposed in this
instance, you will be allowed sixty days from the date of this notice
for that purpose, and the vessel on which the said alien arrived will be
granted clearance papers when she is ready to sail and allowed to pro-
ceed upon her outward-bound voyage, upon condition that you deposit
with the collector of customs at this port, prior to her sailing, the sum
of one hundred dollars as security for the payment of the said fine,
should it be imposed.

Name of alien. Steamship. Disease.

[Name.]

Received the above notice , 19 .

(Witness:)

[Official title.]

,at M.

[Time.]

(c) The notification shall be prepared in triplicate, the Disposition of
origiQal to be delivered by an employee of the Immigra- '"'"'^'''

tion Service at the office of the master, agent, owner, or
consignee to whom it is addressed, said employee to wit-
ness the signature of the recipient. Receipt of service
shall be indorsed upon the duplicate and triplicate, the
duplicate to be returned to the office of the commissioner
of immigration or inspector in charge and preserved as
proof of delivery, and the triplicate to be delivered to the
collector of customs, who will withhold clearance papers
until the deposit is made.

(d) The special deposit of one hundred dollars re- deposit;
quired to stay action for the period of sixty days shall be
made to the collector of customs for the district wherein

the port of arrival is located before such sailing, and in
default thereof all further proceedings shall be discon-
tinued and the facts certified to the Bureau of Immigra-
tion and Naturahzation by first mail, together with the
medical certfficate and duplicate notice, in order that such
action may be taken as the evidence requires.

(e) If, after service of the notice as provided in para- stay of action
graph (&) of this circular, the deposit of one hundred

dollars has been made in conformity with the said notice,
the commissioner of immigration or inspector iri charge
shall suspend further proceedings until the submission of
the evidence offered to show why the said fine should not
be imposed, or until the lapse of the specffied period of
sixty days thereafter. When the said evidence has been
submitted it shall be forwarded, together with the cer-
tificate of the examming surgeon and duplicate notice,
to the Commissioner-General of Immigration, for pres-
entation to the Secretary of Commerce and Labor, by the
said commissioner or inspector in charge, who shall at the
same time present his written views as to whether the said
fine should be imposed. If no evidence is submitted
prior to the expiration of the said sixty days, then said

56 KULES RELATING TO ADMISSION OR EXCLUSION.

■

Fines: commissioner or inspector in charge shall report the case,

eafelSiTeTs-""' without such evidence, for action by the Secretary of
Commerce and Labor.
Pinal proceed- (f) Upon receipt of the decision of the Secretary of
'°^'''' Commerce and I^abor, a copy thereof shall be forwarded

to the collector of customs, together with such data as may
enable him to identify the special deposit made in that
particular case. If the said decision imposes the fine, the
one hundred dollars deposited as security shall be ac-
counted for by the said collector in the usual manner as
a fine ; if the decision holds that the penalty has not been
incurred, the collector of customs shall return to the de-
positor the amount deposited as security.
roceedfn''s'coS! ^9^ All cases of aUcu scamcu bcUeved to fall within the
cerning alien sea- preceding provisions shall, before requiring the special
"'™' deposit, be completely reported to the Department, and

only upon receipt of instructions from it shall this rule be
enforced in such cases. (See also paragraph (a), Rule
22.)
frsH^-""'""""'" ^^^^ 29. Fine, failure to deliver manifests.— -li the
master or commanding officer of any vessel bringing
aliens to a United States port fails to deUver to the inmii-
gration officers at such port hsts or manifests,, as required
by sections 12, 13, and 14, and it therefore becomes neces-
sary to collect the fine imposed by section 15, the follow-
ing instructions shall be observed :
ccdure^arfo^to- ^®^ Written uoticc, clearly setting forth the particulars
coming passen-in which the lists OP manifests are deficient, shall be served
^"^'^'^ upon the steamship company concerned, allowing such

company the period of sixty days from date of notice
Procedure lor within wMch to place before the Department, through
protesting coiiec-^j^g ^^^^^j immigration officials, such evidence, if any, as
said company may possess to show cause why the statu-
tory penalty should not be collected. Copies of such
notices and the responses thereto shall be kept of record,
and shall be forwarded to the Department m the event
the collection of the penalty is protested ; and in no pro-
tested case shall suit be instituted to enforce collection
until the Department has rendered a decision directing
that collection be made.
outgoing p^assen" ^^) Similar notice shall be given by collectors of cus-
gers; toms as a prehminary to collecting fines for failure to

promptly furnish manifests of outward-bound alien pas-
sengers. (See Rule XXIX, statistical regulations.)
reSitted""' *"* (^) Under an opinion of the Attornej^-General, the
fine mentioned in this rule can not be remitted. (25 Op.
At. Gen., 336.)
to Mcee?sioo°?n (^) ^^ ^^ *^^^^ coveied by this rule shall the aggregate
cases departure; amount of fiues Collected in any one instance of departure

of a vessel exceed one hundred dollars.

acrou1S^"°dip°" (^) '^^^ detailed statistical information required under

matic and con-sectiou 12 of the Immigration Act and section 1 of the

suiar officers; naturalization act of June 29, 1906, shall not hereafter

be required to be furnished in the cases of diplomatic and

RULES RELATING TO ADMISSION OR EXCLUSION. 57

consular oificers, and other officials duly accredited by Fines:
their governments, together with their suites, famiUes, ^''<"' rtonmam-
and guests, coming to the United States or in transit'/'""^"
The names of all such diplomatic and consular repre-
sentatives and their suites, famihes, and guests, with their
respective titles, should, however, appear grouped
together upon the manifest.

(/) As an additional precaution, all aliens examined Questioning
at ports of entry, concerning whom complete information ftemf iSg'm
is not furnished in the manifests, should be questioned as ™'"''f««t*'-
to whether demand was made upon them by the repre-
sentatives of the steamship company at the port of foreign
embarkation for the items of information that are lack-
ing; and in case such answer is in the negative, the affi-
davit of the alien shall be taken and filed for future
reference if required.

ig) The certificate (unverified) of a responsible sur-^j^J'<'^rtifl«'>t'> »'
geon located at the point of embarkation or at the last ing^afiens aSru
port of call, prepared in the form appearing upon the re-^'^^^^''
verse side of the manifest (Form 1500), shall be accepted ^^j^^hat accept-
as a sufficient compliance with section 14 requiring that "
when no surgeon sails with a vessel bringing aliens to the
United States, the mental and physical examination of
such aliens shall be made by "some competent surgeon
employed by the owners of the said vessel."

(ft) There will be furnished to the steamship company Manifests:
by the Bureau of Immigration and Naturalization blank. Alphabetical
books suitable for use in the preparation of alphabetical "''"^^'^ "'■
indexes of manifests.

Rule 30. Fines, reporting of. — The following method ^ines:
will be observed in reporting fines incurred under the Method of re-

, . 1 '■ ° porting when

immigration laws: t. s attorney

(a) Commissioners of immigration or inspectors in ^^^uested to pros-
charge will, in all cases wherein a United States attorney
is requested to institute proceedings for the recovery of
prescribed penalties or to undertake criminal prosecution
of an alleged offender against the immigration laws, make
a report at the same time to the collector of customs for
the district in which the offense was alleged to have been
committed. Said report shall be rendered in every case
which may arise, irrespective of the possible outcome of
any legal proceedings, and shall embrace the following:
(1) Date when offense was committed; (2) act, and sec-
tion thereof, violated; (3) nature of offense; (4) name
of offender; (5) nationahty, kind, and name of vessel;
(6) statutory amount of fine; (7) date of reporting case
given to each violation.

(6) Upon receipt of the above reports, the collector of
customs will give each case a number in chronological
order. When more than one section of a statute is vio-
lated by the same vessel, a separate case number will be
given to each violation.

(c) At the close of each month, collectors of customs
will render reports in the same manner as in the case of

58 RULES EELATING TO DEPOBTATION.

Fines: navigation and steamboat-inspection fines, viz: All fines

incurred during the month must be reported on Form
Cat. No. 1078, showing, under the heading "Remarks,"
the date when the case was reported to the United States
attorney.

(d) All fines disposed of during the month must be
reported on Form Cat. No. 1006. In connection with this
form, the account current (Form Cat. No. 1000) must be
used.

(e) At the close of June and December in each year,
semiannual reports, on Form Cat. No. 1079, must be ren-
dered, showing all unsettled cases on hand and explain-
ing the cause of delay in disposing of them.

RULES RELATING TO DEPORTATION.

aii°ns'^s°ub"e?t ^^\® ^1- Depovtation, aliens subject to. — Aliens of the
to: following classes are subject to arrest, upon the warrant

of the Secretary of Commerce and Labor, and to deporta-
tion to the country whence they came, at any time within
tliree years after landing or entry :
ciiSldi^^ies''^' ^'^^ Aliens who, at the time of entry, belonged to any
of the classes of persons enumerated and defined in sec-
tion 2 of the Immigration Act or in the Executive order
of March 14, 1907, and who should, therefore^ have been
then excluded. (Sees. 20, 21.)
Public charges; (6) Aliens who become public charges from causes ex-
isting prior to landing. (Sec. 20.)
Prostitutes; (g) Alien womeu or girls who are found to be imnates

of a house of prostitution or practicing prostitution.
(Sec. 3.)
sum°titiouS™^ ^^^ Aliens who are found to have entered the United
surrep i lous y. g^^^^^g ^^ ^^y. Qj^jjgj. pjace than at the seaports thereof or

at one of the ports or places designated in Rules 24 and

26 hereof, and aliens found to have entered at a seaport,

but at any time or place other than as designated by the

immigration officers. (Sees. 18, 36.)

Public charges Rule 32. Puhlic chavges from -prior causes. — The case

causes': ** ' ° ' of cvcry alien found to have become a public charge from

Reporting cases causes sxistingprior to landing should be reported to the

°'' immigration ofneer stationed nearest the place where the

alien is confined. This report must be accompanied by —

Medical certifl- (1) An uuequivocal Certificate (Form 534) of the prin-

'^^"^ ° ' cipal medical officer of the institution of which the alien

is an inmate, setting forth:

Data for verify- (a) That the alien is a pubhc charge, and giving:

mg landing of; pg^^g qJ admission to the institution: date and port of

foreign embarkation; ship and line by which arrived;

date and port of American debarkation; correct name;

name under which manifested; age; nationality; and

citizenship.

Exact condi- (6) An accuTatc statement in plain terms of the men-

tiontobeshown;^^j or physical disability of the alien, covering any and

all complications which his condition may present; also

RULES RELATING TO DEPORTATION. 59

his present condition with reference to the degree of help- Public chargps
lessness to which reduced; the probabiUty of a cure, or'Ius™: "''''"'
the degree to which health and ability to become ^elf-
supporting may be restored; and in insanity cases,
whether recurrent attacks might be expected if recovery
from present onset were effected.

(c) A full and complete recital of the causes to which gj^f,*^t''^e°'jj,^_|0'
are attributed the alien's condition as a public charge. ' "^ ^ '■'^'i""''" ■

0) Whether such causes are considered to have ex- ^^°Jg! f^ ' " "'
isted prior to or to have arisen subsequent to landing; and
if believed to have existed prior to landing, stating spe-
cifically the reasons upon which belief in prior cause is
based, or, in other words, the features of the case which
justify such a conclusion.

(2) A complete copy of the clinical or general history copy of history
of the case as shown by the hospital records, and includ- '''"i""^^'^'

ing the statements of relatives and friends.

(3) In the cases of insane patients, a copy of the com- commitment
mitment papers containing the grounds alleged by the ex- p^^"'-
amining physicians as the basis for commitment.

(4) Before applying for a warrant in accordance with Further certin-
Rule 34, the immigration officer to whom the foregoing pol'sibil!*""^
report is made shall, whenever practicable, cause the alien

to be examined by an officer of the Public Health and
Marine-Hospital Service, whose, certificate should accom-
pany the application for a warrant.

Rule 33. Public charges, medical certificate. — In the Pnbuccuarges:
event that the examining medical officer is able definitely
to certify that an alien was, at the time of landing in the Medical certifi-
United States, afflicted with insanity, idiocy, imbecility,*'''*"'™''''™'"^'
feeble-mindedness, epilepsy, tuberctdosis, or a loathsome
or dangerous contagious disease, such a certificate will be
regarded as prima facie evidence of entry»in violation of
section 2 of the Immigration Act, and, in the absence of
satisfactory evidence to the contrary, the alien will be
deported in accordance with the provisions of sections
20 and 21.

Rule 34. Deportation, application for warrant. — Every Deportation:
immigration officer receiving a report in conformity with ^^PPjj.'^f'™ '<"'
Rule 32, accompanied by a medical certificate that com-^'''™" "'
plies with either Rule 32 or Rule 33, shall communicate
Avith the officer in charge at the port of entry and, if
landing is verified from the official records, shall make
application for warrant in the manner provided by Rule
35. Such aliens will not be removed from the institutions
in which they are confined until after due hearing and
after an order of deportation is issued, or unless special
instructions for removal are incorporated in the warrant.

Rule 35. Deportation, procedure.— In enforcing sec- D^ej)^ortation,
tions 20 and 21 of the act approved February 20, 1907,*^
the following instructions regarding applications for war-
rants of arrest and deportation will be observed :

(a) All applications for warrants must be made, if arrest wamnt;
possible, upon blank Form No. 565, which will be fur-

60 EULES RELATING TO DEPOBTATION.

D e p ortation, nished uDon written request to the Commissioner-General

procedure: ^^ Immigration, Department of Commerce and Labor,
and which must be filled out in accordance with the
printed lines contained therein, and be accompanied by
the certificate of landing or entry (Form No. 564) herein-
after prescribed, or if not so accompanied the reasons for
the absence of such certificate must be given, and in that
case all the facts called for in the blank form of said cer-
tificate shall be set forth in the application, so far as the
facts are ascertainable.

aea)m''an - *° (^) -^ ^^^^ Statement must be made in every such appli-

ompanj , (.jj^^^qj^ gf ^^q facts, Supported if practicable by affidavits,

which show the presence in the United States of the alien

whose arrest and deportation is sought to be in violation

of law.

laJdtag^^*'™ "' ('^) '^l^® certificate of landing in or entry into the
United States must contain a complete statement in detail
of all the facts disclosed as to any such aUen by the mani-
fest or list containing his name, with an attached certifi-
cate by the officer in charge of such manifest that the
information given agrees in all particulars with the record
of such alien in said list or manifest.

piteatira 'to? a?"- (d) Telegraphic application for warrants should be

rest warrant; avoidcd SO far as possible, but, if the circumstances of
any particular case make it absolutely necessary to resort
to request by wire, such request must state that the fore-
going regulations have been complied with, and that the
form of application and certificate hereinbefore men-
tioned have been forwarded to the Department, and must
give the substance of the statement of facts contained in
the said application and certificate. In order to obviate
any possible legal difficulty in the service of the tele-
graphic warrant, the Department will confirm the tele-
gram by sending in the next outgoing mail a formal
written warrant. The statement of facts, contained in
the telegraphic application, therefore, must be sufficiently
complete and specific to form the basis of the formal
warrant.

resfwaraan"' '''' ^^^ ^^>' thereafter, it appears to the Secretary that the
alien concerned is in the United States unlawfully, and
that the time within which he may be deported has not
expired, a warrant for his arrest shall issue directing that
he be taken before the person or persons therein described
and there be given a hearing, at which he shall have full
opportunity to show cause, if any there be, why he should
not be deported.

arrelt"™fram^" During the course of the hearing the alien shaU be
allowed to inspect the warrant of arrest and all the evi-
dence on which it was issued; and, at such stage thereof
as the person before whom the hearing is held shall deem

E roper, the alien shall be apprised that he may thereafter
e represented by counsel, and shall be required then and
there to state whether he desires counsel or waives the
^^RightsofcouD-gg^j^g^ and his reply shall be entered on the record. If

bul.es relating to deportation. 61

counsel be selected he shall be permitted to be present Deportation,
during the further conduct of the hearing, and be per- ""'""'""'
mitted to inspect and make a copy of the minutes of the
hearing so far as it has proceeded, and to offer evidence
to meet any evidence theretofore or thereafter presented
by the Government. At the close of the hearmg all of
the papers, including the minutes, and any written argu-
ment submitted by counsel for the alien, shall be for-
warded to the Department as the record on which to
determine whether or not a warrant for deportation shall
issue.

If the alien is unable to speak or understand English, be^secrald**'^ *°
an interpreter shall, where practicable, be employed. If
it be necessary to employ as such some one outside the
Service, authority for payment of a reasonable compensa-
tion will, upon request, be granted. If the alien be
physically or mentally incapable of testifying, his rela-
tives, friends, or acquaintances, if any, shall be questioned.

(/) The record of the hearing accorded an alien -who ^^^'^^"^^ '""'"^'
is insane or has become a public charge shall be supple-
mented by a written certificate of the medical officer in
charge of the institution in which the alien is confined,
showing whether such alien is in condition to be deported
without danger to life.

(g) Pending decision upon the case the ahen shall be jj^^^'^*^" "°<^'"'
released from custody, provided there is furnished a sat-
isfactory bond as required by section 20, prepared on
the blank form supplied by the Bureau. No arrested
alien shall be released until the authority of the Depart-
ment to accept bond in a specified sum is received, nor
until the sureties on the bond have been found to be^^^Jj."'*^^ °°
financially responsible. Before releasing the alien, either ^ '^
one of two methods shall be observed (as may be deemed bond;
best calculated to insure expedition) to have the bond
approved as to form and execution: First, forward the
bond to the Bureau at Washington for review by the
Solicitor; or, second, submit the bond to the local
United States attorney for such purpose. The alien shall
be promptly released on receipt of advice that the bond
has been approved as to form and execution, and the
bond forwarded to the Bureau for forma] acceptance.
In default of bail, the alien shall be held in custody in
some convenient secure place. The holding of aliens in .^Howmg^ aliens
jail shall be avoided to the fullest extent consistent with bond; ''^
a proper enforcement of the law. When necessary to
hold them in jail, every reasonable effort shall be exerted
to see that their surroundings are proper, especially if
they are women or children.

(gg) The purposes of the bond mentioned m paragraph j„^'^SedS
ig) are to insure the production of the alien ' for a hearing to serve as;
or hearings * * * and for deportation if he shall be
found to be unlawfully in the United States" (sec. 20).
The Department's authority to detain the alien m custody
in default of bail is limited to the same purposes. There-

D p r o V a 1 of

62 RULES RELATING TO DEPORTATION.

proceduret"""' ^^re, any case in which it is believed a prosecution should
be brought must be promptly reported to the United
States attorney, with request that, if he decides to insti-
tute proceedings, arrangements be at once made either to
take the deposition of the alien or to secure an order
from the court for his detention as a witness, as the nature
of the proceedings may require. If the court orders the
commitment of the alien, custody will be surrendered to
iiirarrestediiiens the person designated by the court to receive him until the
to serve as; term of Commitment ends. If the court accepts a bond or
recognizance for the appearance of the alien as a witness,
he may, pending his discharge as such, be released under
a further bond, approved by the Department, in the
penalty of not less than S500, conditioned for his produc-
tion when required for deportation ; or, if he is unable to
give the further bond, he may be released if satisfactory
arrangements are made with the officers of the court for
his return to the custody of the immigration officials when
no longer required as a witness. Unless the alien is com-
mitted by the court, or is released under the bonds or
under the arrangement with court officials, hereinbefore
mentioned, deportation must be effected in regular
course.'*
portSn^ °\vit (^) "^^f ^^^^^ th® receipt of the report of such hearing,
rant; it shall appear to the satisfaction of the Secretary, from

all the evidence, that such alien is in the United States
in violation of law and that the time within which he can
be deported has not expired, a warrant will be issued for
his deportation.
ercited '"n^'^oS- ('^) Officers are directed to make thorough investiga-
''auon-^ '°^esti-tion of all cases where they are credibly mformed, or
^*'°°' have reason to believe, that a specified alien is in the

United States in violation of law. It is not permissible
for officers to resort to any form of intimidation, by
threats, violence, or otherwise, in order to extort from
any suspected alien or from any other person the in-
formation to be embodied in the appfication for the war-
rant of arrest. Officers are specially cautioned not to
lend their aid in causing the arrest of aliens upon charges
arising out of personal spite or enmity, unless the truth
of such charges is clearly established.
steamship ^ com" (?) In cvcry casc in wliich a warrant of deportation is
pany; issued Under sections 20 and 21, the immigration official

in charge at the port from which deportation is to be
made shall notify the steamship line, on a vessel of which
the alien is to be placed, of the intended deportation as
promptly as possible after receipt of a copy of the de-
partmental warrant and of advices from the officer under
whose supervision the arrest and hearing in the case have
been effected. And in all such cases care shall be exer-
cised by all immigration officials concerned to furnish the

o For further administrative details regarding this paragraph, see
Bureau circular letter of July 20, 1909,

RULES RELATING TO DEPORTATION. 63

steamship officials with full and exact information con- fJe'eSSrc'""""'
cerning the name, destination, condition of health, etc.,''"'" ""'
of the alien to be deported.

(i) If the conditions are such that an attendant (or ^^^"^'3''°' ^»
matron) will be required to assist in conveying an alien
from an inland point to the seaport of deportation, spe-
cial request for authorization therefor should accompany
the record of hearing under a warrant of arrest. Such
attendants will be allowed a nominal compensation of
one dollar and traveling expenses both ways. This rate
must not be exceeded in any instance without special
authorization, based upon extraordinary conditions, to
be fully set forth for the guidance of the Department.

Rule 36. Deportation, cost of maintenance. — The cost porSMoif"'' ''''"
of maintaining aliens during the pendency of warrant
proceedings under the preceding rules is a proper charge m^fnt Sin °e'
against the appropriation "Expenses of regulating im- fn^gs^f ow^'bome'?'
migration;" but in cases of aliens who have become
public charges from causes existing prior to landing in
the United States such cost shall not be allowed for any
period preceding the date of issuance of warrant of
arrest to an officer of the Immigration Service, and even
then only in the event that the Department, upon investi-

fation, orders the deportation of the alien. Maintenance Time for ren-
ills under this rule shall be delivered to the immigration '^""^ ^'"^'
officer in immediate charge of the case within a period
of twenty days from the close of the calendar month
in which occurs the death of the alien or removal from
the institution for deportation. Failure to so render
maintenance bills shall relieve the United States from any
responsibility for the payment thereof. If proceedings , Method of ob-

^. , ^ jj •,•,,!' 1 taming r e i m -

agamst a procurer or contractor are instituted m accord- bursement when
ance with sections 3, 5, or 20 of the Immigration Act, pros'e?uted" ^'^
immigration officers should report to the United States
district attorney the amount of the cost of deporting the
alien, including one-half of the entire cost of removal to
the port of deportation, so that a proper effort may be
made to recover such expense from the procurer or im-
porter and the reimbursement of the Government and the
transportation company for their respective parts thereof.

Rule 37. Deportation, procedure m cases of insane or Deportation:
diseased aliens requiring special care and attention:'^ procedure m

{a) When deportation is to be effected either under SLed'aifenl"'
warrant proceedings or in pursuance of rejection at a
port, the responsible steamship company shall be required -.^f^^l^i^^^^^^l
to afford the deported alien special care and attention, if, and attention;
in the first class of cases, the Department decides when
issuing the warrant that such care and attention are
necessary, or if, in the second class of cases, the commis-
sioner or inspector in charge at the port renders such a

a For special regulations regarding arrest and deportation of prosti-
tutes and procurers, and anarchists and criminals, see Department
Circulars Nos. 156 and 163, resectively.

64 EULES RELATING TO DEPORTATION.

Deportation: decision. The report of hearing in warrant proceedings
should be accompanied by a statement obtained from the
physician (if practicable a surgeon of the Public Health
and Marine-Hospital Service) having personal knowledge
of the alien's condition, showing such condition in terms
that will enable the Department to determine whether
special care and attention are needed.
Procedure in (J) If the Department (or the commissioner or in-

caseaor; spector in charge, as the case may be) finds that the alieii

requires special care and attention, the steamship line by
which deportation occurs must provide all necessary care
and attention as called for by his condition, not only dur-
ing the ocean voyage, but also (except as hereinafter pro-
Returnsbyves-vided) duHug the foreign land journey. Proof that such
concerning, ^^^^ ^^^ attention have been provided and the alien sent
to his final destination must be furnished through sheets
"B" and "C" of Form 597 hereinafter referred to.

■ Delivery of (g) The alien may be delivered to the master or first or
second officer of the vessel by which deportation is to
occur, and together with the alien there shall be delivered
Form 597 (composed of sheets "A," "B," and "C"),
also a duplicate carbon of sheet "A." The receipt and
sheet "A" will be completely filled out by an immigration
officer (except as to signature) prior to deUvery. He
shall also insert at the blank space following "No." at the
top of each sheet the number of the departmental warrant
where deportation occurs pursuant to warrant, and the
local correspondence file number where deportation occurs
pursuant to rejection by a board. The receipt attached
to sheet "A" shall be signed by the ship's officer to whom
the alien has been delivered and returned forthwith to the
immigration officer making delivery. Sheets "B" and
"C" shall be retained by the ship's officer and in due
course filled out by the agents or persons therein desig-
nated and by them returned by mail as therein provided.

ret^™'*'^**'°° "' ^^^ From the foreign port of debarkation the steam-
ship company must forward the alien to destination in
charge of a proper custodian (all expenses to be borne
by such company), except only in cases where foreign
public officials decline to allow such custodian to proceed
and themselves take charge of the alien. In that event
this fact must be shown by signing the form provided in
the lower half of sheet "C;" and where foreign public
officials have taken charge at the port of debarkation it
will be unnecessary to fill out any portion of the form on
the upper half of sheet "C."

Where the foreign public officials take charge not at
the port of debarkation, but at an interior frontier, both
forms on sheet "C" must be filled in, the former in rela-
tion to the inland journey as far as such frontier.

tum''s"°^ °' '^' ^^\ Whenever, without excuse satisfactory to the com-
missioner or inspector in charge of immigration at the
port of embarkation, a steamship company has failed, for

fttJLES eelating to teansit. 65

a period of ninety days after departure of an alien requir- Deportation:
ing special care and attention under this rule, to comply
with any of the terms thereof, including failure to return
sheets "B" and "C" properly filled out, such commis-
sioner or inspector in charge shall forthwith report this
fact to the Commissioner-General of Immigration, and
thereafter the Secretary of Commerce and Labor will,
without further notice and during such period as he shall
determine, exercise his right under section 21 to employ
suitable persons to accompany to their final destinations
aliens deported on a vessel of such steamship company
requiring special care and attention. Instructions as to
compensation of such attendants, their mode of travel,
their right of access to the alien during the ocean voyage,
and other necessary matters will be given in each case as
it arises.

Rule 38. Deportation, where to. — The deportation of „ Ja"ntapo° t?™^
aliens as prescribed in Rules 30 to 36 hereof shall be to
the foreign trans-Atlantic or trans-Pacific port from
which such aliens embarked for the United States; or, if
such embarkation was for foreign contiguous territory,
to the foreign port at which they embarked for such con-
tiguous territory. (Sec. 35.)

Rule 39. Deportation by consent. — Any ahen who has ^^^o ges t?omVub"-
been lawfully landed, but who has become a public charge sequentiy arising
from subsequently arising physical inability to earn a"^"^*^^'
living, may, by consent of the alien and with the approval
of the Bureau of Immigration and Naturalization, be
deported within one year from date of landing at the
expense of the immigrant iund: Provided, That such
alien is delivered to the immigration officers at a desig-
nated port free of charge; and the charges incurred for ^Expense, how
the care and treatment of any such alien in any pubhc
or charitable institution from the date of notification to
an officer of the Bureau until the expiration of one year
after landing may be paid from the immigrant fund at
fixed rates agreed upon.

RULES RELATING TO TRANSIT.

Rule 40. Aliens in transit.— E\ery ahen seeking a Transits:
landing for the purpose of proceeding directly through j^J^" '''^'°'
the United States to a foreign country shall be examined,
and, if found to be a member of any one of the excluded
classes, shall be refused permission to land, in the same
manner as though he intended to remain in the United ^,c a- 3^|-c^ei.
States. Cases where a refusal of the privilege would be reported;
entail exceptional hardship may be reported to the Secre-
tary for a special ruling. / n at i- i, ^ -

Rule 41. Aliens in transit, head tax far. -{a) No alien ^/-/pj-^--^
desiring admission at a port of the United States for the account of;
professid purpose of proceeding directly therefrom to
foreign territory shall be permitted to land thereat ex-
cept after deposit with the collector of customs at said

67616°— 10 5

66 RULES RELATING TO TRANSIT.

Transits: port, by the master or owner of the vessel or by a repre-
sentative of any other mode of transportation by which
Te"niel''on^°toos^^^^ ^l^^n is brought, of the amount of the head tax
of departure^ (four dollars) prescribed by section 1 of the Immigration
Act, said amount to be refunded upon proof satisfactory
to the immigration officer in charge at the port of arrival
that said alien has passed by direct and continuous jour-
ney through and out of the United States within thirty
days from the date of admission, proof of such departure
to be furnished within sixty days from the date of admis-
co^^e?e'd^ fnto^^^'^' Special deposits of head tax on account of aliens
T?elsury at expi- in transit wiU, at the expiration of sixty days from the
'"how" th»!n ^re- date of admissiou, be covered into the Treasury as head
fundable; tax, the cases in which proof of departure is received

after the expiration of such period to be reported to the
Bureau of Immigration and Naturalization for special
authorization, under the provision incorporated in the
legislative, executive, and judicial appropriation act ap-
proved February 3, 1905.
s Safs'st™°of ^^^ -^^^ aliens of the taxable class desiring to proceed
conecUngancTre-in transit through the United States from the Dominion
from'°^canrd'ian of Canada shall be required to furnish to the examining
territory; officer Or officcrs guaranty of payment of head tax de-

scribed in paragraph (k) of Rule 25 of these regulations.
If admissible, aliens claiming to be in transit will be
given certificate Form 523, providing for refund of head
tax upon such certificate bemg properly indorsed by the
alien and by the purser of the outgoing trans- Atlantic or
trans-Pacific steamship upon which the holder of said
certificate may depart from the United States ; or, if the
alien be passing in transit through the United States
from one point in Canada to another point in Canada,
then such indorsement to be made by the conductor of
the train upon which the holder of the certificate departs
from the United States,
thrae aniv?n ft ^^^ Refund of head tax will be made on aliens of
Canadian sea- the taxable class, arriving at Atlantic or Pacific ports of
ports; Canada and desiring to proceed immediately in transit

through the United States, to the transportation line
responsible for payment of head tax on such aliens, upon
proof satisfactory to the United States commissioner of
immigration for Canada that said aliens have passed by
direct and continuous journey through and" out of the
United States within the time limit specified in this
rule.
ie^^n"'at saSe ^^^ Even though an alien, being a "transit passenger,"
port - refund of enters and leaves the United States at the same port
count oir "" """the provisions of this rule shall be applied to his case to
the same extent, and in the same manner so far as neces-
sary, as though such alien entered at one port and de-
parted through another. In the cases of those entering
across the Canadian border as transient visitors, however.
Form No: 569 will be used instead of Form No. 523,
under the procedure laid down in paragraph (6) hereof.

MISCELLANEOUS RULES.

67

(e) A class of "transit passengers" which requires Transits:
somewhat different treatment in practice than "transits" tou "te*^— dlt'^
as ordinarily understood and "transient visitors," whose en/ practice ap^
cases are covered by the preceding paragraphs hereof , ^'^"^ '"'
consists of aliens visiting the United States as tourists,
on pleasure or business. With regard to such class, no
payment or deposit of head tax need be required, if the
immigration officers at the port of entry are satisfied that
it is the bona fide intent of the passenger merely to visit
or tour the United States. For instance, when an alien
is in possession of first-class round trip or through trans-
portation, or other circumstances are present, indicating
with reasonable certainty that the passenger is a tourist,
deposit should not be required; if doubt exists, he should
be classed as a "transit" or "transient visitor."

MISCELIiANEOXTS RULES.

Rule 42. Cattlemen. — It is ordered that all cattlemen
returning to ports within the United States holding cer-
tificates duly signed by a commissioner of immigration or
an immigrant inspector shall be entitled, upon identifi-
cation, to admission into the United States without fur-
ther examination by the immigration officers, to whom
said certificate must be presented and surrendered, which
certificate must be as follows:

Cattlemen's certificate of admission.

Depaktment of Commerce and Labor.
Immigration Service.

Cattlemen:

Admission of;

Form 567.

[Stub.]

No

Port of

Date

Name

Age

Native of

Employed by.
Of.

19.

A cattleman sailing on
the steamship

Surrendered at the
port of

,19..-

Height

Weight

Color of hair. ;

Color of eyes

General remarks

Signature of cattleman :

Form of certifi-
cate for.

No.

Port op.

,19--- .

This is to certify that a native

of age , who is duly

accredited an employee of

sailing on the steamship

, 19 ... , is a cattleman from the

port of United States of

America.

The holder of this certificate will be per-
mitted to enter the United States as a return-
ing cattleman on presentation of this certifi-
cate and proper identification by the immi-
gration inspector

Height

Weight

Color of hair

Color of eyes

General remarks

Commissioner of Immigration.

jjoTE.— This certificate must be fumislied by the com-
missioner of immigration, or immigrant inspector, to the
steamship company at the port of departure. The cer-
tificate will be filled in by the United States officer and
delivered to the captain of the vessel upon which the
cattleman sails, who in turn will deliver the paper to the
person in whose name it is issued, at the foreign port of
destination, to enable the cattleman to return. Any
alteration or erasure of this certificate renders it void,
and if it is presented by any person other than its right-
ful owner it will be taken up and the holder subjected
tn tho intjnpf^tinn ren Hired bv law.

68 MISCELLANEOUS EULES.

offlSSs:^'*""" Rule 43. Administration of oaths.— The authority_ to
administer oaths conferred upon immieration officials
Administration by section 24 of the Immigration Act is limited to mat-
of oaths by. ^gj.g "^Qyj.^j^g ^Ylb right of any alien to enter the United
States." When, therefore, such officials are detailed to
investigate frauds or attempts to defraud the Govern-
ment, or any irregularity or misconduct of any officer or
agent of the United States, section 183 of the Revised
Statutes should be relied upon for authority to administer
oaths to witnesses.
Posting laws: Rule 44, Posting of immigration acts. — The certificate
Filing certifl- required by section 8 of the act of Congress approved
cateof. March 3, 1893, that copies of the immigration acts have

been duly posted, shall be filed with the Secretary of
Commerce and Labor upon the first days of January and
July of each year.
Official com- Rulc 45. Official communications. — Officers employed
man ca ons: ^^ ^j^^ administration of the immigration and Chinese-
througii' ^ offlc?ai cxclusion laws are notified that all commimications to the
channels. Department upon official matters must be addressed to the

Commissioner-General of Immigration or to the Secretary
of Commerce and Labor through official channels.
Telegraphing: Rule 46. Telegraphing. — With the object of reducing
Code for. the expense of telegraphing in connection with the official
business of the Immigration Service, the telegraphic code
provided by the Bureau of Immigration and Naturaliza-
tion will be employed to the fullest extent possible.
Uniforms: Rulc 47. Uniforms. — It is hereby ordered that inspec-

officers re-tion officers and employees of the Immigration Service
quired to wear; stationed at ports or places of entry into the United
States aTid elsewhere shall, while on duty, unless other-
wise specially directed in writing, wear uniforms desig-
nated by the Bureau of Immigration and Naturahzation,
said uniforms to be purchased by the said inspectors and
employees.
Particulars con- (a) UNIFORM SuiTS : Uniform suits will be made of
cernmg— dark blue cloth. The following are the prescribed styles:

Suits for inspectors and assistant inspectors — Coats. —
Double-breasted sack, four buttons on each side, ends cut
square. Two lower outside pockets, one on upper left
side and small ticket pocket on right side. All outside
pockets to have flaps, except upper left-hand pocket.
Two inside pockets. All pockets to be of liberal size.

Vests. — Single-breasted, six buttons, collar. Four
pockets without flaps. Bone buttons.

Trousers. — Plain, with side pockets, two hip pockets,
and watch pocket. No stripe. Band back and front on
inside at bottom.

Suits for all other officials. — Same as above, except that
coat shall be single-breasted instead of double-breasted.
(&) Buttons: The bone buttons upon suits will be of
a special pattern designed to fit brass button shells (de-
tachable) which must be affixed and worn in all cases

Suits;

MISCELLANEOUS EULES. 69

while on duty. Button shells will be forwarded without fn'fomis:
cost upon application to the Bureau. Particulars con-

cermng—

(c) Caps: Contract has been made for uniform caps,
which must be paid for by the employees, the cost per cap ''
being two dollars. If money order for this sum is for-
warded to the Bureau, through official channels, full name
and title of employee and size of cap wanted being stated,
the same will be ordered sent direct to purchaser, express
charges collect. The winter cap is made of blue cloth and
the summer cap of black silk. Unless otherwise specified,
BLUE CLOTH Cap will be furnished.

id) Cap Insignia: Caps will be provided with appro- cap insignia;
priate insignia and lettering without charge to employees,
but orders must be placed through the Bureau in every
instance.

(e) Collar Insignia: Inspectors in charge of stations, coiiar insignia;
or of the various divisions at the principal ports of
entry, will be designated by an appropriate legend worn
on both sides of the front of the coat collar. These
legends will be worked in gold letters upon blue cloth,
and may be obtained free of cost upon apphcation to
the Bureau. The cloth strips will be attached to the coat
collars with hooks and eyes, so that they may readily be
removed.

(/) Service Insignia: Immigrant and Chinese in-Qi^?""^«^ '°^'s-
specters one year in the service may be designated by a
strip of gold braid upon the top of the cuff of the left coat
sleeve 2 inches from the bottom of the sleeve and extend-
ing halfway around it. An additional strip may be
added one-fourth inch higher than its predecessor for each
year's completed service up to five years, when a small
gold star may be worn in lieu of the braid, which should
then be removed. For each year from five to nine, in-
clusive, a strip of gold braid may be added. Ten years'
continuous service may be indicated by two stars, and so
on. The equipments needed to comply with this require-
ment can be secured without charge upon application to
the Bureau, the full name and exact service of the em-
ployee being stated. Insignia is issued to inspectors only.
The length of service is reckoned from the date of original
appointment as inspector, and must not include prior
service in other capacities. In making request for insig-
nia, give date of original appointment as inspector, or if
at present wearing insignia, describe same and give date
on which the last prior addition thereto was received
from the Bureau.

(g) Seasons: The time of changing from one weight Reasons;
of uniform to another will be governed by the change of
seasons at the various stations of employees. Officers
stationed in Hawaii and Porto Eico may wear white duck
uniforms and caps, insignia for the latter to be procured
free of cost upon application to the Bureau.

70

MISCELLANEOUS RULES.

miforms: (^) Light-Weight UNIFORMS : Officers and employees

ParUcuiars con- stationed at places where the climate is too warm to admit
"Lfgiit weight of comfort in wearing the regular summer uniform may

uniforms;

Inspections;

New
pointees.

Districts:

Number;
Official
charge;
Headquarters;
Extent.

have their uniforms made of light material, suited to the
locality, subject to the stipulation that the color and style
shall conform to the requirements of paragraph (a)
hereof. The special buttons required to fit brass shells
may be procured from the Bureau.

(i) Inspections: Commissioners of immigration and
inspectors in charge will make reports to the Bureau on
the first days of January and July regarding the condi-
tion of each part of the uniform of every employee under
their respective jurisdictions, each portion of every uni-
form being graded as excellent, good, fair, or bad, as the
case may be. Form 596 will be used in making these
reports, and if any reports showing the condition to be
' ' bad ' ' are made, the steps that have been taken to correct
this condition should be noted.

p - (j) New Appointees : Officers having charge of immi-
gration stations, districts, or ports will require employees
newly appointed and ordered to report to them for duty
to provide themselves with standard uniforms within
thirty days from the date of assignment to duty, and will
see that the full uniform is worn by all employees, as
herein provided.

Rule 48. For convenience in enforcing both the immi-

ingration and the Chinese-exclusion laws, the territory
within which immigration officials are located is divided
into districts, under the jurisdiction of commissioners of
immigration or inspectors in charge, numbered, defined,
and with headquarters fixed, as follows :

Dist.
No.

Title of officer.

Location of head-
quarters.

Extent of districts.

Commissioner of im-
migration.

Commissioner of im-
migration.

Commissioner of im-
migration.

Chinese inspector in
charge.

Commissioner of im-
migration.

Commissioner of im-
migration.

Inspector in charge. . ,

Inspector in charge.. .

Commissioner of im-
migration.

Montreal, P. Q.,

Canada.
Boston, Mass

Ellis Island, New
York Harbor.

17 state street.
New York, N.Y.

Philadelphia, Pa..

Baltimore, Md .

Norfolk, Va.

Tampa, Fla.

New Orleans, La.

Canadian border and Canadian
seaports.

New England States, including
port of Boston and subports of
Portland and New Bedford.

New York and New Jersey; nn-
migration matters only.

New York and New Jersey; Chi-
nese matters only.

Pennsylvania, Delaware, and
West Virginia; port of Philadel-
phia and substations of Pitts-
burg, Chester, and Wilmtagton.

Maryland and District of Colum-
bia; port of Baltimore and sub-
ports of Annapolis and Wash-
mgton.

Virginia, North Carolina, and
South Carolina; port of Norfolk
and subports of Newport News,
Wilmington, and Charleston.

Georgia, Florida, and Alabama;
port of Tampa and subports of
Savannah, Brunswick, Jackson-
ville, Miami, Key West, Pensa-
cola, and Mobile.

Louisiana, Mississippi, Arkansas,
and Tennessee; port of New Or-
leans and subports of Gulfport
and Fascagoula.

MISCELLANEOUS RULES.

71

Dist.
No.

Title of officer.

Inspector in charge..

Inspector in charge. . .
Inspector in charge.. .
Inspector in charge.. .
Inspector in charge.. .
Inspector in charge. . .

Inspector in charge. . .

Commissioner of im-
migration.

Inspector in charge.. .

Commissioner of im-
migration.
Inspector in charge

Commissioner of im-
migration.
Inspector in charge

Supervising inspector.

Location of liead-
quarters.

Galveston, Tex..

Cleveland, Ohio. .

Chicago, 111

Minneapolis ,

Minn.
St. Louis, Mo

Denver, Colo

Helena, Mont

Seattle, Wash

Portland, Oreg

San Francisco, Cal.
Ketchikan, Alaska

San Juan, P. R...
Honolulu, Hawaii.
El Paso, Tex

Extent of districts.

The port of Galveston and sub-
ports of Port Arthur and Corpus
Christ!, Tex. The territory
bounded on the north and east
by the Louisiana-Texas border
and the Gulf of Mexico; on the
west by the westerly bounda-
ries of the following counties in
Texas: Shelby, Nacogdoches,
Angelina, Polk, San Jacinto,
Montgomery, Harris, Fort Bend,
Wiarton, Jackson, Victoria,
Refugio, San Patricio, and Nue-
ces; and on the south by the
southerly boundary of Nueces
County, Tex.

Ohio and Kentucky; substations
at Toledo and Cincinnati.

Illinois, Indiana, Michigan, and
Wisconsin.

Minnesota and North and South
Dakota.

Missouri, Iowa, Kansas, and Okla-
homa.

Colorado, Wyoming, Nebraska, and
Utah; substation at Salt Lake
City.

Montana and Idaho; substation
at Havre, Mont.

Washington; port of Seattle and
subports of Tacoma, Port Town-
send, and Olympia; substations
of Spokane and Walla Walla.

Oregon; port of Portland and sub-
port of Astoria.

Northern California and Nevada;
port of San Francisco.

Alaska; port of Ketchikan and
substations of Skagway and
Nome.

Porto Rico; port of San Juan and
subport of Ponce.

Territory of Hawaii, including all
ports.

Texas, except portion comprising
district number 9; New Mexico,
and Arizona; port of El Paso,
subports of Nogales, Douglas,
Waco, Del Rio, Eagle Pass, I^are-
do, Hidalgo, and Brownsville;
substations of San Antonio, Tuc-
son, and Fort Worth.

Southern California; port of San
Diego and substations of Los
Angeles and Andrade.

Rule 49. In furtherance of the requirement of section
13 of the immigration act, that the groups in which ahens
areUsted shall be "convenient," transportation companies
are directed, so far as practicable, to assemble or group
together all aliens coming from the same locality.

Rule 50. Inspection and entry of aliens into the main- Porto rico ana
land of the United States from foreign countries, through "*"**"=
Porto Rican or Hawaiian territory, under the Immigra-
tion Act, will be accomplished in accordance with the fol-
lowing provisions :

(a) All aliens arriving in Porto Rico or Hawaii destined Aliens arriving
to the mainland of the United States shall be inspected JSed' and ^Ivm
at the time of arrival and be given a certificate of the"'"'^'^'^^^'
form set forth below. The holders of such certificate,
duly signed by the United States commissioner of immi-

72 MISCELLANEOUS RULES.

Hawai?:'"'"**"'' Station at San Juan, or by the inspector in charge at
Honolulu, shall be entitled to admission to the United
States at any one of the various ports of entry without
further examination by the United States immigration
officers as to their right to enter, upon their identification
Surrender of and surrender of such certificate to such officials and upon

certificate; payment of head tax.
How procured; (J) Aliens manifested in good faith to Porto Rico or
Hawaii, who shall reside there for a time, and who subse-
quently desire to proceed to the United States, shall, upon
application to the commissioner of immigration at San
Juan or to the inspector in charge at Honolulu, be fur-
nished with the certificate herein referred to, attesting
their previous examination.

deMtes"''""'"''*'' ^^^ Failure to present the said certfficate shall be
deemed presumptive evidence that examination has not
occurred in Porto Rico or Hawaii, and the alien shall be
arrested in the manner provided by sections 20 and 21 of

to^s^u're'certm-^^^® Immigration Act, and deported, unless he shows that

cate; his presence in the country is lawful or that his residence

in Porto Rico or Hawaii or the mainland, or both, has ex-
ceeded the period of three years.

conerttbi?^ °°* ^^^ Head tax is not to be collected in the cases of aliens
who arrived in Porto Rico or Hawaii prior to July 1, 1907,
at which time the Act of February 20, 1907, took effect.
(e) The certificate shall be in the following form:

Form of certjfi- Alien certificate — Insular territory.

cate. Form 646. No

Department op Commerce and Labor,

Immigration Service,

Port of , , , 191...

This is to certify that , a native of , who arrived

at the port of per steamship , on the , 19. . ,

has been duly inspected and registered, and will be admitted into
the United States upon proper identification and payment of head
tax, and surrender of this certificate to any immigration oflBcer at a
designated port of entry.

The description of the holder is as follows: Age ; height ;

weight ; color of hair ; color of eyes

Remarks (note destination, etc.) :

(Name) (Title)

Surrendered at to Inspector , , 191 . .

(/) Special material facts should be noted on the back
of the certificate with proper reference thereto on the face.

Dan'l J. Keefe,
Commissioner-General of Immigration.
Approved December 12, 1910.
Benj. S. Cable,

Acting Secretary.

APPENDIX.

LAWS NOT REPEALED OR REENACTED BY THE IMMIGRATION
ACT OF FEBRUARY 20, 1907.

ACT OF AUGUST 3, 1882.

AN ACT to regulate immigration.

Be it enacted by the Senate and House of Representa-
tives of t^^ United States ojf America in Congress assem-
bled, That there shall be levied, collected, and paid a duty "*■"* '*^-
of fifty cents for each and every passenger not a citizen Amount.
of the United States who shall come by steam or sail
vessel from a foreign port to any port within the United
States. The said duty shall be paid to the collector of to whom^pafd,
customs of the port to which such passenger shall come, ^jter'arrfvai-"'"'^
or if there be no collector at such port, then to the col-
lector of customs nearest thereto, by the master, owner,
agent, or consignee of every such vessel, within twenty-
four hours after the entry thereof into such port. The
money thus collected shall be paid into the United States
Treasury and shall constitute a fund to be called the imm°igVaiit
immigrant fund and shall be used, under the direction of '""••'
the Secretary of Commerce and Labor, to defray the
expense of regulating immigration under this act and for
the care of immigrants arriving in the United States, for
the relief of such as are in distress, arid for the general
purposes and expenses of carrj^ing this act into effect.
The duty imposed by this section shall be a lien upon ^^^ ^^^^^^_
the vessels which shall bring such passengers into the tion enforced.
United States, and shall be a debt in favor of the United
States against the owner or owners of such vessels, and
the payment of such duty may be enforced by any legal
or equitable remedy: Provided, That no greater sum
shall be expended for the purposes herembefore men-
tioned, at any port, than shall have been collected at
such port."

*****

Approved, August 3, 1882 (22 Stat., 214).

a See section 1, act February 20, 1907, and Rules 1, 2, and 3

73

74 ACTS or 1885 AND 1888.

ACTS OF 1885 AND 1888.

ACT OP FEBBTTABY 26, 1885.

AN ACT to prohibit the importation and immigration of foreigners
and aliens under contract or agreement to perform labor in the United
States, its Territories, and the District of Columbia.

Be it enacted hy the Senate and House of Representor
tives of the United States of America in Congress assem-
bled, * * *
Contract Sec. 2. That all contracts or agreements, express or
Contracts for ™P^^®*^' parol or Special, which may hereafter be made
alien labor de- by and between any person, company, partnership, or
corporation, and any foreigner or foreigners, alien or
aliens, to perform labor or service or having reference to
the performance of labor or service by any person in the
United States, its Territories, or the District of Columbia,
previous to the migration or importation of the person
or persons whose labor or service is contracted for into
the United States, shall be utterly void and of no effect."
* * * * ■ *

Approved, February 26, 1885 (23 Stat., 332).

Glared void.

ACT or OCTOBEB 19, 1888.

AN ACT making appropriations to supply deficiencies in appropria-
tions for the fiscal year eighteen himdred and eighty-eight, and for
other purposes.

Be it enacted iy the Senate and House of Representor
tives of the United States of America in Congress assem-
iled, * * *

Sec. 1. * * * That the act approved February
twenty-sixth, eighteen hundred and eighty-five, entitled
"An Act to prohibit the importation and migration of
foreigners and aliens under contract or agreement to per-
form labor in the United States, its Territories, and the
District of Columbia," be, and the same is hereby,
amended so as to authorize the Secretary of Commerce
and Labor to pay to an informer who furnishes original
information that the law has been violated, such a share
of the penalties recovered as he may deem reasonable and
just, not exceeding fifty per centum, where it appears
that the recovery was had in consequence of the informa-
tion thus furnished.

J]! JJ* •!• ip •1'

Approved, October 19, 1888 (25 Stat., 566).
"See sections 2, 4, 5, and 6, act of February 20, 1907.

ACTS OF 1891 AND 1893.

75

ACT OF MARCH 3, 1891.

AN ACT in amendment to the various acts relative to immigra-
tion and the importation of aliens under contract or agreement
to perform labor.

Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
Ued, * * *

Sec. 7. That the office of superintendent of immigra- ^^f ° J" f ^°Y"^*;
tion is hereby created and estabhshed, and the President, tion: """ ^""
by and with the advice and consent of the Senate, is au- office created;
thorized and directed to appoint such officer, whose salary ^^'""^ ^''^^'
shall be four thousand dollars per annum, payable
monthly. The superintendent of immigration shall be an
officer in the Department of Commerce and Labor, under
the control and supervision of the Secretary of Commerce
and Labor, to whom he shall make annual reports in
writing of the transactions of his office, together with
such special reports, in writing, as the Secretary of Com-
merce and Labor shall require. The Secretary shall pro-
vide the superintendent with a suitably furnished office in
the city of Washington, and with such books of record
and facihties for the discharge of the duties of his office
as may be necessary. He shall have a chief clerk at a
salary of two thousand dollars per annum, and two first-
class clerks."

Approved, March 3, 1891 (26 Stat., 1084).

Qnarantlne:

President given
extraord inary

ACT OF FEBRTTABY 15, 1893.

AN ACT granting additional quarantine powers and imposing
additional duties upon the Marine-Hospital Service.

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *

Sec. 7. That whenever it shall be shown to the satis-
faction of the President that by reason of the existence^ __^

of cholera, or other infectious or contagious diseases, in power to suspend
a foreign country there is serious danger of the introduc- ™™'^**'™'
tion of the same into the United States, and that not-
withstanding the quarantine defense this danger is so
increased by the introduction of persons or property from
such country that a suspension of the right to introduce
the same is demanded, in the interest of the pubhc health,
the President shall have power to prohibit, in whole or
in part, the introduction of persons and property from
such countries or places as he shall designate and for
such period of time as he may deem necessary.

*****

Approved, February 15, 1893 (27 Stat., 449).

a See section 1, act March 2, 1895, and section 22, act February
20, 1907.

lO ACTS OF 1893 AND 1894.

ACT OP MARCH 3, 1893.

AN ACT to facilitate the enforcement of the immigration and contract-
labor laws of the United States.

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assewr-
bled, * * *
certiflcates: Sec. 8. That all steamsMp or transportation companies,
steamship" com- ^"^d Other owncrs of vessels, regularly engaged in trans-
panies re posting porting alien immigrants to the United States, shall twice
offices;'" '"'^'^ a year file a certificate with the Secretary of Commerce
and Labor that they have furnished to be kept conspicu-
ously exposed to view in the office of each of their agents
in foreign countries authorized to sell emigrant tickets,
a copy of the law of March third, eighteen hundred and
ninety-one, and of all subsequent laws of this country
relative to immigration, printed in large letters, in the
language of the country where the copy of the law is to
be exposed to view, and that they have instructed their
agents to call the attention thereto of persons contem-
plating emigration before selhng tickets to them; and in
^^Penaity for fail- g^gg pf ^}^g failure for sixty days of any such company or
any such owners to file such a certificate, or in case they
file a false certificate, they shall pay a fine of not exceed-
ing five hundred dollars, to be recovered in the proper
United States court, and said fine shall also be a lien
upon any vessel of said company or owners found within
the United States."

:|: :{; :f: :(: :f:

Approved March 3, 1893 (27 Stat., 569).

ACT OF AUGUST 18, 1894.

AN ACT making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, eighteen
hundred and ninety-five, and for other purposes.

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *
cominissioners The commissioners of immigration at the several ports
o nun gra on. gj^^^jj ^g appointed by the President, by and with the
rresldenl!'^ '' advicB and consent of the Senate, to hold their offices
for the term of four years, unless sooner removed, and
until their successors are appointed ; and nominations for
such offices shall be made to the Senate by the President
as soon as practicable after the passage of this act.*
Approved August 18, 1894 (28 Stat., 372).

" See Rule 44 for time of filing.

'> See section 7, act March 3, 1891, and section 22, act February 20,
1907.

ACTS OF 1895, 1900, AND 1902. t?

ACT OF MARCH 2, 1895.

AN ACT making appropriations for the legislative, executive, and
judicial expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-six, and for other purposes.

_ Be it enacted^ hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *

BUREAU OF IMMIGRATION.

That the Superintendent of Immigration shall here- commissioner-
after be designated as Commissioner-General of Immi-'^'""'™'=
gration, and, in addition to his other duties, shall have Title created;
charge, under the Secretary of Commerce and Labor, of conuacSb™
the administration of the alien contract-labor laws, etc."^ Jf^^^ p'^'^''** "°"

Approved March 2, 1895 (28 Stat., 764).

ACT OF JUNE 6, 1900.

AN ACT making appropriations for sundry civil expenses of the Gov-
ernment for the fiscal year ending June thirtieth, nineteen hundred
and one, and for other purposes.

Be it enacted iy the Senate and House of Representa-
tives of the United States of Am,erica in Congress assem-
bled, * * * and hereafter the Commissioner-General sio*i'"tow^^aced
of Immigration, in addition to his other duties, shall have ™<'"-
charge of the administration of the Chinese-exclusion
law and of the various acts regulating immigration into
the United States, its Territories, and the District of Co-
lumbia, under the supervision and direction of the Secre-
tary of Commerce and Labor.

Approved June 6, 1900 (31 Stat., 611).

ACT OF APRIL 29, 1902.

AN ACT to prohibit the coming into and to regulate the residence
within the United States, its Territories, and all territory under its
jurisdiction, and the District of Columbia, of Chinese and persons of
Chinese descent.

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *

Sec. 3. That nothing in the provisions of this Act or ^Fai^^and ex-
any other Act shall be construed to prevent, hinder, or"""
restrict any foreign exhibitor, representative, or citizen fj^^^^^^Pt'^jJI^it,!"
of any foreign nation, or the holder, who is a citizen ofol-sa't." ^'^ ' ''
any foreign nation, of any concession or privilege from
any fair or exposition authorized by Act of Congress
from bringing into the United States, under contract,

a See section 7, act March 3, 1891, and section 22, act February 20,
1907.

78 ACTS OF 1902 AND 1905.

such mechanics, artisans, agents, or other employees, na-
tives of their respective foreign countries, as they or any
of them may deem necessary for the purpose of making
preparation for instalhng or conducting their exhibits
or of preparing for installing or conducting any business
authorized or permitted under or by virtue of or pertain-
ing to any concession or privilege which may have been
or may be granted by any said fair or exposition iu con-
nection with such exposition, under such rules and regu-
lations as the Secretary of Commerce and Labor may
prescribe, both as to the admission and return of such
person or persons.

Approved April 29, 1902 (32 Stat., part 1, p. 176).

ACT OF FEBRTJABY 3, 1905.

AN ACT making appropriations for the legislative, executive, and
judicial expenses of the Government tor the fiscal year ending June
thirtieth, nineteen hundred and six, and for other purposes.

Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *

BUKEAU OF IMMIGRATION.

Head tax: Provided, That the Commissioner-General of Immigra-

Eefund ot, tiou, with the approval of the Secretary of Commerce and
TOu'ected?"'"""^ Labor, shall have power to refund head tax heretofore
and hereafter collected under section one of the immigra-
tion Act approved March third, niaeteen hundred and
three, upon presentation of evidence showing conclusively
that such collection was erroneously made."
Approved February 3, 1905 (33 Stat., part 1, p. 684).

ACT OF FEBRUARY 6, 1905.

AN ACT to amend an Act approved July first, nineteen hundred
and two, entitled "An Act temporarily to provide for the admin-
istration of the affairs of civil government in the Philippine Islands,
and for other purposes," and to amend an Act approved March
eighth, nineteen hundred and two, entitled "An Act temporarily
to provide revenue for the Philippine Islands, and for other pur-
poses," and to amend an Act approved March second, nineteen
hundred and three, entitled "An Act to establish a standard of value
and to provide for a coinage system in the Philippine Islands,"
and to provide for the more efficient adniinistration of civil gov-
ernment in the Philippine Islands, and for other purposes.

Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *
Philippine Is- Sec. 6. That the immigration laws of the United Sttites
in force in the Philippine Islands shall be administered

o See Rules 1 and 41.

lands

ACTS OF 1905 AND 1906. 79

by the officers of the general government thereof desig- j^^^J^I'pp*"" '*'
nated by appropriate legislation of said government, and Enforcement
all moneys collected under said laws as duty or head ta.x\^^^lsr^f^io^
on alien immigrants coming into said islands shall not be collection
covered into the general fund of the Treasury of the ''''"' '"'^ *"'="•
United States, but shall be paid into the treasury of said
islands to be used and expended for the government and
benefit of said islands.

*****

Approved, February 6, 1905 (33 Stat., 689).

ACT OF MARCH 3, 1905.

AN ACT making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, nineteen
hundred and six, and for other purposes.

Be it enacted hy tJie Seriate and House of -Representa-
tives of the United States of America in Congress assem-
bled * * *

Provided, That the aimual subscriptions for pubUca- subscriptions:
tions for use in the immigration service at large may be ^^^l^H p^'* '°
paid in advance.

Approved, March 3, 1905 (33 Stat., part 1, p. 1156).

ACT OF JUNE 29, 1906.

AN ACT to establish a Bureau of Immigration and Naturalization,
and to provide for a uniform rule for the naturalization of aliens
throughout the United States.

Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
hled That the designation of the Bureau of Immigra- Bureau of im
tion in the Department of Commerce and Labor is hereby migration:
changed to the "Bureau of Immigration and Naturaliza- ^/^w^^^f^X'i.
tion," which said Bureau, under the direction and control mi|ration^^ and
of the Secretary of Commerce and Labor, m addition to
the duties now provided by law, shall have charge oi all
matters concerning the naturalization of aliens, ihat it
shall be the duty of the said Bureau to provide, for use at
the various immigration stations throughout the United
States, books of record, wherein the commissioners of im-
migration shall cause a registry to be made m the case
of each alien arriving in the United States from and after
the passage of this Act of the name, age, occupation per-
sonal description (including height, complexion, color of
hair and eyes), the place of.birth, the last residence he
intended place of residence in the United States and the
Stte of a?rival of said alien,, and if entered through a
port the name of the vessel m which he comes. And it
shall be the duty of said commissioners of immigration

80 ACT OF 1907.

to cause to be granted to such alien a certificate of such
registry, with the particulars thereof."

-p 5fl *p 5|* Sfi

Approved, June 29, 1906 (34 Stat., part 1, p. 596).

ACT OF MAHCH 2, 1&07,

AN ACT in reference to the expatriation of citizens and their protec-
tion abroad,

Be it enacted^ by the Senate and^ House of Representor
tives of the United States of America in Congress assem-
Passportsi hied, That the Secretary of State shall be authorized,
in his discretion, to issue passports to persons not citi-
when issued to zens of the United States as follows: Where any person
persons not citi-j^g^g made a declaration of intention to become such a
citizen as provided by. law and has resided in the United
States for three years a passport may be issued to him
entitling him to the protection of the Government in any
oountr ™'iuen's^'^'"^^S^ country: Provided, That such passport shall not
tormer'doniiciie. be Valid for more than six months, and shall not be re-
newed, and that such passport shall not entitle the holder
to the protection of this Government in the country of
which he was a citizen prior to making such declaration

Ex atrlatlon- °^ Ultention.

HoreflecteT' ®^*^' ^' "^^^^ ^W American citizen shall be deemed to
have expatriated himself when he has been naturaUzed
in any foreign state in conformity with its laws, or when
he has taken an oath of allegiance to any foreign state.

When any naturalized citizen shall have resided for
two years in the foreign state from which he came, or for
five years in any other foreign state it shall be presumed
that he has ceased to be an American citizen, and the place
of his general abode shall be deemed his place of residence

How presump- during said years: Provided, however. That such pre-
sumption may be overcome on the presentation of satis-
factory evidence to a diplomatic or consular officer of the
United States, under such rules and regulations as the
Department of State may prescribe: And provided also,
That no American citizen shall be allowed to expatriate
himself when this country is at war.*

Marriage: Sec. 3. That any American woman who marries a

How affectsforeigner shall take the nationality of her husband. At
mlrrying'™"for"-tfie termination of the marital relation she may resume
eigner; ^er American citizenship, if abroad, by registering as an

American citizen within one year with a consul of the
United States, or by returning to reside in the United
States, or, if residing in the United States at the termina-
tion of the marital relation, by continuing to reside
therein.

"For naturalization laws and regulations drawn thereunder, see
pamphlet entitled "Naturalization Laws and Regulations."

'6 This paragraph does not affect the case of a naturalized citizen ap-
plying for readmission. (Op. Atty-Gen., Dec. 1, 1910, published in
Department Decisions No. 119).

ACT OF 1910. 81

Sec. 4. That any foreign woman who acquires Ameri- Marriage;
can citizenship by marriage to an American shall be ^^^/jj"^^!?,"
assumed to retain the same after the termination of the American,
marital relation if she continues to reside in the United
States, unless she makes formal renunciation thereof
before a court having jurisdiction to naturalize aliens,
or if she resides abroad she may retain her citizenship
by registering as such before a United States consul
within one year after the termination of such marital
relation.

Seo. 5. That a child born without the United States of ^Z\ " » "• """"
alien parents shall be deemed a citizen of the United ^^^ outside
States by virtue of the naturalization of or resumption united states,
of American citizenship by the parent: Provided, ThatrerumeT°an§
such naturalization or resumption takes place during the^*"™'*^*^^**"*'
minority of such child : And provided further, That the
citizenship of such minor child shall begin at the time
such minor child begins to reside permanently in the
United States.

, Sec. 6. That all children born outside the limits of the ^jjf °/^f° ^S
■ United States who are citizens thereof in accordance with sec. 1993, r. s.:
the provisions of section nineteen hundred and ninety- ^tee™^\p°by.°
three of the Revised Statutes of the United States'^ and
who continue to reside outside the United States shall,
in order to receive the protection of this Government, be
required upon reaching the age of eighteen years to re-
cord at an American consulate their intention to become
residents and remain citizens of the United States and
shall be further required to take the oath of allegiance to
the United States upon attaining their majority.

Sec. 7. That duplicates of any evidence, registration, ETWences
or other acts required by this Act shall be filed with thest^t''g''^^'|fejj^
Department of State for record. ™™t-

Approved March 2, 1907 (34 Stat., 1228).

ACT OF MARCH 26, 1910.

AN ACT to amend an Act entitled "An Act to regulate the immigra-
tion of aliens into the United States," approved February twen-
tieth, nineteen hundred and seven.

Be it enacted by the Senate and House of Representa-
tives of the tinited States of America in Congress assem-
Ued, That section two of the Act entitled "An Act to
regulate the immigration of aliens into the United

oSec. 1993, Revised Statutes, reads as follows: "All children here-
tofore bom or hereafter born out of the limits and jurisdiction of the
United States, whose fathers were or may be at the time of their birth
citizens thereof, are declared to be citizens of the United States; but
the rights of citizenship shall not descend to children whose fathers
never resided in the United States."

67616°— 10 6

8^ ACT OF 1910.

States," approved February twentieth, nineteen hundred
and seven, is hereby amended so as to read as follows:

"Sec. 2. That the following classes of aliens shall be
excluded from admission into the United States: All
idiots, imbeciles, feeble-minded persons, epileptics, in-
sane persons, and persons who have been insane within
five years previous; persons who have had two or more
attacks of msanity at any time previously ; paupers ; per-
sons likely to become a public charge; professional beg-
gars ; persons afflicted with tuberculosis or with a loath-
some or dangerous contagious disease; persons not com-
prehended within any of the foregoing excluded classes
who are found to be and are certified by the examining
surgeon as being mentally or physically defective, sucn
mental or physical defect being of a nature which may
affect the abihty of such alien to earn a living; persons
who have been convicted of or admit having committed
a felony or other crime or misdemeanor involving moral
turpitude; polygamists, or persons who admit their be-
lief in the practice of polygamy; anarchists, or persons
who believe in or advocate the overthrow by force or
violence of the Government of the United States, or of
all government, or of all forms of law, or the assassina-
tion of public officials; prostitutes, or women or girls
coming into the United States for the purpose of pros-
titution or for any other immoral purpose ; persons who.
are supported hy or receive in whole or in part the pro-
ceeds of prostitution; persons who procure or attempt
to bring in prostitutes or women or girls for the purpose
of prostitiition or for any other immoral purpose; per-
sons hereinafter called contract laborers who have been
induced or solicited to migrate to this country by offers
or promises of employment or in consequence of agree-
ments, oral, written or printed, expressed or implied,
to perform labor in this country of any kind, skilled or
unskilled ; those who have been, within one year from the
date of application for admission to the United States,
deported as having been induced or solicited to migrate
as above described; any person whose ticket or passage
is paid for with the money of another, or who is assisted
by others to come, unless it is affirmatively and satis-
factorily shown that such person does not belong to one
of the foregoing excluded classes and that said ticket or
passage was not paid for by any corporation, associa-
tion, society, mumcipality, or foreign government, either
directly or indirectly; all children under sixteen years
of age imaccompanied by one or both of their parents,
at the discretion of the Secretary of Commerce and Labor
or under such regulations as he may from time to time
prescribe: Provided, That nothing in this Act shall ex-
clude, if otherwise admissible, persons convicted of an
offense purely pohtical, not involving moral turpitude:
Provided farmer, That the provisions of this section re-

ACT OF 1910. 83

lating to the payments for tickets or passage by any
corporation, association, society, municipality, or foreign
government shall not apply to the tickets or passage of
aliens in immediate and continuous transit through the
United States to foreign contiguous territory: And pro-
vided further, That skilled labor may be imported if
labor of like kind unemployed can not be found in this
country: And provided further, That the provisions of
this law apphcable to contract labor shall not be held
to exclude professional actors, artists, lecturers, singers,
ministers of any religious denomination, professors for
colleges or seminaries, persons belonging to any recog-
nized learned profession, or persons employed strictly
as personal or domestic servants."

Sec. 2. That section three of an Act entitled "An Act
to regulate the immigration of aliens into the United
States," approved February twentieth, nineteen hundred
and seven, is hereby amended so as to read as follows:

"Sec. 3. That the importation into the United States
of any alien for the purpose of prostitution or for any
other immoral purpose is hereby forbidden; and who-
ever shall, directly or indirectly, import, or attempt to
import, into the United States, any alien for the pur-
pose of prostitution or for any other immoral purpose,
or whoever shall hold or attempt to hold any alien for
any such purpose in pursuance of such illegal importa-
tion, or whoever shall keep, maintain, control, support,
employ, or harbor in any house or other place, for the
purpose of prostitution or for any other immoral pur-
pose, in pursuance of such illegal importation, any alien,
shall, in every such case be deemed guilty of a felony,
and on conviction thereof be imprisoned not more than
ten years and pay. a fine of not more than five thousand
dollars. Jurisdiction for the trial and punishment of
the felonies hereinbefore set forth shall be in any dis-
trict to or into which said alien is brought in pursuance
of said importation by the person or persons accused,
or in any district in which a violation or any of the fore-
going provisions of this section occur. Any alien who
shall be found an inmate of or connected with the man-
agement of a house of prostitution or practicing prosti-
tution after such alien shall have entered the United
States, or who shall receive, share in, or derive benefit
from any part of the earnings of any prostitute; or who
is employed by, in, or in connection with any house of
prostitution or music or dance hall or other place of
amusement or resort habitually frequented by prostitutes,
or where prostitutes gather, or who in any way assists,
protects, or promises to protect from arrest any prosti-
tute, shall be deemed to be unlawfully within the United
States and shall be deported in the manner provided by
sections twenty and twenty-one of this Act. That any
alien who shall, after he has been debarred or deported

84 ACT OF 1910.

in pursuance of the provisions of this section, attempt
thereafter to return to or to enter the United States shall
be deemed guilty of a misdemeanor, and shall be im-
prisoned for not more than two years. Any alien who
shall be convicted under any of the provisions of this
section shall, at the expiration of his sentence, be taken
into custody and returned to the country whence he came,
or of which he is a subject or a citizen, in the manner
provided in sections twenty and twenty-one of this Act.
In all prosecutions under this section the testimony of
a husband or wife shall be admissible and competent
evidence against a wife or husband."

Approved March 26, 1910 (36 Stat., 263).

ACT OF JTTNE 25, 1910.

AN ACT to further regulate interstate and foreign commerce by pro-
hibiting the transportation therein for immoral purposes of women
and gins, and for other purposes.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That
the term " interstate commerce," as used in this Act, shall
include transportation from any State or Territory or the
District of Columbia to any other State or Territory or
the District of Columbia, and the term "foreign com-
merce," as used in this Act, shall include transportation
from any State or Territory or the District of Columbia to
any foreign country and from any foreign country to any
State or Territory or the District of Columbia.

Sec. 2. That any person who shall knowingly transport
or cause to be transported, or aid or assist in obtaining
transportation for, or in transporting, in interstate or
foreign commerce, or in any Territory or in the District of
Columbia, any woman or girl for the purpose of prosti-
tution or debauchery, or for any other immoral purpose,
or with the intent and purpose to induce, entice, or compel
such woman or girl to become a prostitute or to give herself
up to debauchery, or to engage in any other immoral
practice; or who shall knowingly procure or obtain, or
cause to be procured or obtained, or aid or assist in pro-
curing or obtaining, any ticket or tickets, or any form of ,
transportation or evidence of the right thereto, to be used
by any woman or girl in interstate or foreign commerce, or
in any Territory or the District of Columbia, in going to
any place for the purpose of prostitution or debauchery,
or for any other immoral purpose, or with the intent or
purpose on the part of such person to induce, entice, or
compel her to give herself up to the practice of prosti-
tution, or to give herself up to debauchery, or any other
immoral practice, whereby any such woman or girl shall
be transported in interstate or foreign commerce, or in

ACT OF 1910. 85

any Territory or the District of Columbia, shall be
deemed guilty of a felony, and upon conviction thereof
shall be punished by a fine not exceeding five thousand
dollars, or by imprisonment of not more than five years,
or by both such fine and imprisonment, in the discretion
of the court. • ■

Sec. 3. That any person who shall knowingly persuade,
induce, entice, or coerce, or cause to be persuaded,. induced,
enticed, or coerced, or aid or assist in persuading, induc-
ing, enticing, or coercing any woman or girl to go from
one place to another in interstate or foreign commerce, or
in any Territory or the District of Columbia, for the
purpose of prostitution or debauchery, or for any other
immoral purpose, or with the intent and purpose on the
part of such person that such woman or girlshall engage in
the practice of prostitution or debauchery, or any other
immoral practice, whether with or without her consent,
and who shall thereby knowingly cause or aid or assist in
causing such woman or girl to go and to be carried or
transported as a passenger upon the line or route of any
common carrier or carriers in interstate or foreign com-
merce, or any Territory or the District of Columbia, shall
be deemed guilty of a felony and on conviction thereof
shall be punished by a fine of not more than five thousand
dollars, or by imprisonment for a term not exceeding five
years, or by both such fine and imprisonment, in the
discretion of the court.

Sec. 4. That any person who shall knowingly per-
suade, induce, entice, or coerce any woman or girl under
the age of eighteen years from any State or Territory or
the District of Columbia to any other State or Territory
or the District of Columbia, with the purpose and intent
to induce or coerce her, or that she shall be induced or
coerced to engage in prostitution or debauchery, or any
other immoral practice, and shall in furtherance of such
purpose knowingly induce or cause her to go and to be
carried or transported as a passenger in interstate com-
merce upon the line or route of any common carrier or
carriers, shall be deemed guilty of a felony, and on con-
viction thereof shall be punished by a fine of not more
than ten thousand dollars, or by imprisonment for a
term not exceeding ten years, or by both such fine and
imprisonment, in the discretion of the court.

Sec. 5. That any violation of any of the above sec-
tions two, three, and four shall be prosecuted in any court
having jurisdiction of crimes within the district in which
said violation was committed, or from, through, or into
which any such woman or ^rl may have been carried or
transported as a passenger in interstate or foreign com-
merce, or in any Territory or the District of Columbia,
contrary to the provisions of any of said sections.

Sec. 6. That for the purpose of regulating and pre-
venting the transportation m foreign commerce of alien

86 ACT OF 1910.

women and girls for purposes of prostitution and de-
bauchery, and in pursuance of and for the purpose of
carrying out the terms of the agreement or project of
arrangement for the suppression or the white-slave traffic,
adopted July twenty-fifth, nineteen hundred and two, for
submission to their respective governments by the dele-
gates of various powers represented at the Paris con-
ference and confirmed by a formal agreement signed at
Paris on May eighteenth, nineteen hundred and four, and
adhered to by the United States on June sixth, nineteen
hundred and eight, as shown by the proclamation of the
President of the United States, dated June fifteenth, nine-
teen hundred and eight, the Commissioner-General of
Immigration is hereby designated as the authority of the
United States to receive and centralize information con-
cerning the procuration of alien women and girls with a
view to their debauchery, and to exercise supervision
over such alien women and girls, receive their declara-
tions, establish their identity, and ascertain from them
who induced them to leave their native countries, re-
spectively; and it shall be the duty of said Commissioner-
General of Immigration to receive and keep on file in his
office the statements and declarations which may be
made by such alien women and girls, and those which are
hereinafter required pertaining to such alien women and
girls engaged in prostitution or debauchery in this country,
and to furnish receipts for such statements and declara-
tions provided for in this Act to the persons, respectively,
making and filing them.

Every person who shall keep, maintain, control, sup-
port, or harbor in any house or place for the purpose of
prostitution, or for any other immoral purpose, any alien
woman or girl within three years after she shall have
entered the United States from any country, party to
the said arrangement for the suppression of the white-
slave traffic, shall file with the Commissioner-General of
Immigration a statement in writing setting forth the
name of such alien woman or girl, the place at which she
is kept, and all facts as to the date of ner entry into the
United States, the port through which she entered, her
age, nationality, and parentage, and concerning her pro-
curation to come to this country within the knowledge
of such person, and any person who shall fail within
thirty days after such person shall commence to keep,
maintain, control, support, or harbor in any house or
place for the purpose of prostitution, or for any other
immoral purpose, any alien woman or girl within three
years after she shall have entered the United States from
any of the countries, party to the said arrangement for
the suppression of the white-slave traffic, to file such
statement concerning such alien woman or girl with the
Commissioner-General of Immigration, or who shall
knowingly and willfully state falsely or fail to disclose
in such statement any fact within his knowledge or belief

ACT OF 1910. 87

with reference to the age, nationahty, or parentage of
any such alien woman or girl, or concerning her procura-
tion to come to this country, shall be deemed guilty of a
misdemeanor, and on conviction shall be punished by a
fine of not more than two thousand dollars, or by im-
prisonment for a term not exceeding two years, or by
both such fine and imprisonment, in the discretion of the
court.

In any prosecution brought under this section, if it
appear that any such statement required is not on file in
the office of the Commissioner-General of Immigration,
the person whose duty it shall be to file such statement
shall be presumed to have failed to file said statement, as
herein required, unless such person or persons shall prove
otherwise. No person shall be excused from furnishing
the statement, as required by this section, on the ground
or for the reason that the statement so required by him,
or the information therein contained, might tend to crim-
inate him or subject him to a penalty or forfeiture, but no
person shall be prosecuted or subjected to any penalty
or forfeiture under any law of the United States for or on
account of any transaction, matter, or thing, concerning
which he may truthfully report in such statement, as re-
quired by the provisions of this section.

Sec. 7. That the term "Territory," as used in this Act,
shall include the district of Alaska, the insular possessions
of the United States, and the Canal Zone. The word
"person," as used in this Act, shall be construed to import
both the plural and the singular, as the case demands,
and shall include corporations, companies, societies, and
associations. When construing and enforcing the pro-
visions of this Act, the act, omission, or failure of any
officer, agent, or other person, acting for or employed by
any other person or by any corporation, company,
society, or association within the scope of his employment
or office, shall in eveiy case be also deemed to be the act,
omission, or failure of such other person, or of such com-
pany, corporation, society, or association, as well as that
of the person himself.

Sec. 8. That this Act shall be known and referred to as
the "White-slave traffic Act."

Approved June 25, 1910 (36 Stat., 825).

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